[Download] "People State New York Ex Rel. Jason B. Nicholas v. Dominic J. Mantello" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. Jason B. Nicholas v. Dominic J. Mantello
- Author : Supreme Court of New York
- Release Date : January 12, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Given that petitioner's counsel has been provided with the trial transcript as requested by the petition in this proceeding,
this appeal must be dismissed as moot (see, People ex rel. Woodworth v Campbell, 176 A.D.2d 1141). Were we to address the
merits, we would affirm the judgment of Supreme Court. This Court has found that delay in supplying a trial transcript to
a defendant to allow for preparation of an appeal does not warrant reversal of the conviction (see, People v Eldridge, 34
A.D.2d 693). Because petitioner would not be entitled to immediate release on this ground, habeas corpus relief is inappropriate
(see, People ex rel. Hatzman v Kuhlmann, 173 A.D.2d 895). To the extent that the petition may be read to argue that the delay
has denied petitioner his right to appellate review, we find that his failure to show any prejudice to his appeal caused by
the delay precludes habeas corpus relief (cf., Elcock v Henderson, 947 F2d 1004; Cody v Henderson, 936 F2d 715). Ordered that the appeal is dismissed, as moot, without costs.
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