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PEOPLE STATE NEW YORK EX REL. JOHN CRUZ v. JOHN T. DEEGAN (10/21/68)

October 21, 1968

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOHN CRUZ, APPELLANT,
v.
JOHN T. DEEGAN, AS WARDEN OF SING SING PRISON, RESPONDENT



In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, dated February 26, 1968, which dismissed the writ.

Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

In our view, the pendency of relator's appeal from the judgment of conviction rendered dismissal of the writ proper. We affirm the dismissal on the ground that no reason of practicality or necessity was asserted to justify review of the matters raised by habeas corpus while the appeal from the judgment of conviction is pending (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262; People ex rel. Garcia v. Warden, 28 A.D.2d 682; People ex rel. Blyden v. Denno, 28 A.D.2d 683).

Disposition

Judgment affirmed, without costs.

19681021

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