From Casetext: Smarter Legal Research

People ex Rel. Garcia v. Warden

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1967
28 A.D.2d 682 (N.Y. App. Div. 1967)

Opinion

June 5, 1967


Judgment of the Supreme Court, Westchester County, dated May 24, 1966, affirmed, without costs. The pendency of relator's appeal from the judgment of conviction rendered dismissal of the writ proper ( People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262; People v. Howard, 12 N.Y.2d 65, 66). The alleged illegality of relator's arrest, even if proved, would not have entitled him to post-conviction relief ( People v. Grant, 16 N.Y.2d 722, 723). Relator made no request for assignment of counsel at the hearing (cf. People v. Monahan, 17 N.Y.2d 310) and, unlike People ex rel. Williams v. La Vallee ( 19 N.Y.2d 238, 240), there was nothing in the petition or presented at the hearing which should have prompted the court to assign counsel as a matter of discretion. Christ, Acting P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.


Summaries of

People ex Rel. Garcia v. Warden

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1967
28 A.D.2d 682 (N.Y. App. Div. 1967)
Case details for

People ex Rel. Garcia v. Warden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MAXIMO GARCIA, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 5, 1967

Citations

28 A.D.2d 682 (N.Y. App. Div. 1967)

Citing Cases

People ex Rel. Wynn v. Follette

In view of the pendency of relator's appeal from the denial of his coram nobis application, there was no…

People ex Rel. Hampton v. Deegan

They are therefore not properly raised in this habeas corpus proceeding ( People ex rel. Rohrlich v.…