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PEOPLE EX REL. HALL v. LeFEVRE

60 N.Y.2d 579 (1983)

The People of the State of New York ex rel. John S. Hall, Sr., on Behalf of Harry J. Haralambou, Appellant, v. Eugene S. LeFevre, as Superintendent of the Clinton Correctional Facility, Respondent.

Court of Appeals of the State of New York.

Decided July 12, 1983.

Attorney(s) appearing for the Case

John S. Hall, Sr., for appellant.

Robert Abrams, Attorney-General (Martin A. Hotvet and Peter H. Schiff of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Where the only remedy sought is a new trial or appeal and not immediate release from custody, habeas corpus is an improper remedy (People ex rel. Douglas v Vincent, 50 N.Y.2d 901). Here the only claim in the petition that could result in release is that because relator suffers from epilepsy...

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