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West v. People

March 20, 1979

OLIVER GIO WEST, JR., PLAINTIFF-APPELLANT,
v.
PEOPLE OF THE STATE OF NEW YORK; PRESIDING JUSTICE, SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT; ALL ASSOCIATE JUDGES, NEW YORK COUNTY; CHIEF JUDGE, NEW YORK COUNTY; ROBERT MORGENTHAU, DISTRICT ATTORNEY, NEW YORK COUNTY; ALL ASSISTANT DISTRICT ATTORNEYS, NEW YORK COUNTY, DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the District of New York.

Present:

HONORABLE IRVING R. KAUFMAN, Chief Judge.

HONORABLE MURRAY I. GURFEIN, Circuit Judge.

HONORABLE JACOB MISHLER, District Judge, sitting by designation.

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was submitted.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed, substantially on the grounds stated in the opinion of the District Court. We have carefully considered all the contentions of the appellant and find none of them appropriate for an action under 42 U.S.C. § 1983. The proper remedy to attack "the validity of the fact or length of... confinement" is a petition for habeas corpus, after state remedies are exhausted. Preiser v. Rodriguez, 411 U.S. 475, 490 (1973).

19790320

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