New York Court of Appeals

The People of the State of New York ex rel. Simon Douglas, Jr. v. Leon J. Vincent, as Superintendent of Green Haven…

June 10, 198050 N.Y.2d 901

Summary

The New York Court of Appeals affirmed the Appellate Division order, holding that procedural limitations place the relator’s grievances beyond the scope of habeas corpus relief and that, even if ineffective assistance of counsel were shown, habeas corpus is unavailable because the only remedy sought would be a new trial or appeal, not immediate release. Justice Meyer dissented, arguing for reversal and remand to consider the claim via a coram nobis proceeding.