SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
May 12, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. EDWARD THOMAS, APPELLANT,
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 November 18, 1968, which dismissed the writ.
Beldock, P. J., Christ, Rabin, Munder and Martuscello, JJ., concur.
In view of the pendency of relator's appeal from the judgment of conviction and from the denial of his coram nobis application, there was no reason of practicality or necessity to permit an attack on the judgment of conviction by way of habeas corpus (cf. People ex rel. Keitt v. McMann, 18 N.Y.2d 257; People ex rel. Singleton v. Deegan, 31 A.D.2d 769; People ex rel. Wynn v. Follette, 30 A.D.2d 706; People ex rel. Cruz v. Deegan, 30 A.D.2d 976).
Judgment affirmed, without costs.
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