People State New York Ex Rel. John Henry Burts v. Robert J. Henderson Book Reviews

People State New York Ex Rel. John Henry Burts v. Robert J. Henderson by Supreme Court of New York Book Summary

Judgment unanimously affirmed. Memorandum: On this appeal from a dismissal of his writ of habeas corpus without a hearing, relator contends that he was unlawfully tried and convicted, in absentia, of second degree assault and that because of the delay of over one year by the Public Defender in preparing his appeal from the judgment of conviction, habeas corpus was the proper remedy in which to assert the alleged violations of his statutory and constitutional rights. ""Departure from traditional orderly proceedings, such as appeal, should be permitted only when dictated * * * by reason of practicality and necessity"" (People ex rel. Keitt v McMann, 18 N.Y.2d 257, 262; see, also, People ex rel. Jenkins v Smith, 58 A.D.2d 1033). Inasmuch as relator's appeal from his judgment of conviction is presently before this court, his writ of habeas corpus was properly dismissed (People ex rel. Schaurer v Fogg, 59 A.D.2d 1072; cf. People ex rel. Lee v Smith, 58 A.D.2d 987).

👋 Do you love People State New York Ex Rel. John Henry Burts v. Robert J. Henderson books? Please share your friends!

People State New York Ex Rel. John Henry Burts v. Robert J. Henderson (Supreme Court of New York) Book Reviews 2024

Supreme Court of New York - People State New York Ex Rel. John Henry Burts v. Robert J. Henderson Discussions & Comments

Have you read this book yet? What do you think about People State New York Ex Rel. John Henry Burts v. Robert J. Henderson by Supreme Court of New York book? Ask the bookpedia.co community a question about People State New York Ex Rel. John Henry Burts v. Robert J. Henderson!