General
The People of the State of New York ex rel. Bobby Thomas, Petitioner, v. Robert E. Beam, as Warden of Albany County Penitentiary, Respondent
40 A.D.2d 1044·New York Supreme Court, Appellate Division·1972·NY
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Opinion
The People of the State of New York ex rel. Bobby Thomas, Petitioner, v. Robert E. Beam, as Warden of Albany County Penitentiary, Respondent.
[MAJORITY]
Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied upon the ground that there is no basis to depart from traditional orderly procedure by resort to habeas corpus during pendency of an appeal from petitioner’s judgment of conviction (People ex rel. Keitt v. McMann, 18 N Y 2d 257, 262). Herlihy, P. J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.