People ex Rel. Knowles
v.
Scully

Appellate Division of the Supreme Court of New York, Second DepartmentMay 29, 1984
101 A.D.2d 895 (N.Y. App. Div. 1984)

Cases citing this case

How cited

lock 2 Citing caseskeyboard_arrow_right

May 29, 1984


In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.), dated July 14, 1983, which, after a hearing, dismissed the writ and remanded petitioner to the custody of respondent. ¶ Judgment affirmed, without costs or disbursements. ¶ As the relief requested by petitioner would not result in his immediate release, the remedy of habeas corpus is not available. Should petitioner wish to pursue his claim that jail time should be credited toward his sentence, he may seek such relief in an appropriate proceeding (see People ex rel. Mendolia v Superintendent, Green Haven Correctional Facility, 47 N.Y.2d 779; People ex rel. Lane v Vincent, 32 N.Y.2d 940; People ex rel. Collier v Superintendent, Green Haven Correctional Facility, 72 A.D.2d 612). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.