General
The People of the State of New York ex rel. Duaut A. Duamutef, Also Known as Beresford Duncan, Appellant, v. Stephen Dalsheim, Superintendent, Respondent
211 A.D.2d 835622 N.Y.S.2d 83·New York Supreme Court, Appellate Division·1995·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York ex rel. Duaut A. Duamutef, Also Known as Beresford Duncan, Appellant, v Stephen Dalsheim, Superintendent, Respondent.
[622 NYS2d 83]
[MAJORITY]
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Bernhard, J.), dated April 23, 1993, which denied the application.
Ordered that the judgment is affirmed, without costs or disbursements.
A habeas corpus proceeding is not proper in the present case because even if the petitioner’s claims were meritorious, the only remedy would be a new trial, not immediate release from prison (see, People ex. rel. Fisher v Leonardo, 200 AD2d 844). Therefore, the application was properly denied. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.