PEOPLE EX REL. DOYLE v. JACQUIN


186 A.D.2d 235 (1992)

The People of the State of New York ex rel. Joseph Doyle, Respondent, v. Raymond Jacquin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 21, 1992


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

Under the facts of this case, we conclude that the habeas corpus court exceeded the narrow scope of the review powers available to it, and erred in substituting its discretion for that of the County Court (see, People ex rel. Rosenthal v Wolfson, 48 N.Y.2d 230). The County Court properly increased the...

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