People ex rel. Armstrong v. Hanslmaier

Appellate Division of the Supreme Court of New York

People ex rel. Armstrong v. Hanslmaier

211 A.D.2d 938, 621 N.Y.S.2d 947, 1995 N.Y. App. Div. LEXIS 222

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 1995

StatusPublished

Cited by1 cases

This text of 211 A.D.2d 938 (People ex rel. Armstrong v. Hanslmaier) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Armstrong v. Hanslmaier, 211 A.D.2d 938, 621 N.Y.S.2d 947, 1995 N.Y. App. Div. LEXIS 222 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

Petitioner’s contentions, which regard the legality of the indictment upon which he was convicted and the alleged failure of the trial court to decide a motion to dismiss on [939]*939speedy trial grounds, could have been raised on direct appeal or in a motion pursuant to CPL article 440. In fact, petitioner concedes that the issue as to the indictment was the subject of such a motion, which was denied. Habeas corpus is generally not an appropriate remedy under such circumstances and the facts of this case do not merit a departure from traditional orderly procedure. We have considered petitioner’s other contentions and find them to be without merit.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

Petitioner’s contentions, which regard the legality of the indictment upon which he was convicted and the alleged failure of the trial court to decide a motion to dismiss on [939]*939speedy trial grounds, could have been raised on direct appeal or in a motion pursuant to CPL article 440. In fact, petitioner concedes that the issue as to the indictment was the subject of such a motion, which was denied. Habeas corpus is generally not an appropriate remedy under such circumstances and the facts of this case do not merit a departure from traditional orderly procedure. We have considered petitioner’s other contentions and find them to be without merit.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

211 A.D.2d 938, 621 N.Y.S.2d 947, 1995 N.Y. App. Div. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-armstrong-v-hanslmaier-nyappdiv-1995.

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