PEOPLE EX REL. FISHER v. STINSON


232 A.D.2d 697 (1996)

648 N.Y.S.2d 48

The People of the State of New York ex rel. Carl Fisher, Appellant, v. James Stinson, as Superintendent of Great Meadow Correctional Facility, et al., Respondents

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

October 10, 1996


Petitioner commenced this habeas corpus proceeding following his conviction of the crime of robbery in the second degree. Supreme Court dismissed the petition on the ground that it technically was defective and that habeas corpus relief was inappropriate given that petitioner had an appeal pending from his underlying conviction. Having reviewed the record, we agree with Supreme Court that the petition is defective for failure to comply with many of the requirements of CPLR...

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