PEOPLE EX REL. La ROSE v. CAMPBELL


219 A.D.2d 779 (1995)

631 N.Y.S.2d 457

The People of the State of New York ex rel. Bryan La Rose, Respondent, v. James Campbell, as Sheriff of Albany County, et al., Respondents

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

September 21, 1995


Casey, J.

In this habeas corpus proceeding, petitioner, who is currently in the custody of respondent Commissioner of Mental Health pursuant to his plea of not responsible by reason of mental disease to two counts of sodomy in the first degree, seeks a writ asserting that the proceeding in which he originally entered his plea was defective. At the outset, we note that although respondents vigorously argue that habeas corpus is not available to challenge...

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