People ex rel. Aziz v. Warden of Clinton Correctional Facility

Appellate Division of the Supreme Court of New York

People ex rel. Aziz v. Warden of Clinton Correctional Facility

205 A.D.2d 825, 615 N.Y.S.2d 298, 1994 N.Y. App. Div. LEXIS 5898

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1994·Published

Opinion

Appeal from a judgment of the Supreme Court (Lewis, J.), entered September 9, 1993 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We reject petitioner’s contention that Supreme Court erred in denying his application for a writ of habeas corpus. As the court noted, habeas corpus relief is not available where the issues raised could have been advanced on direct appeal or by way of a CPL article 440 motion. The issue involved in this petition, attendance of a pro se defendant at sidebar conferences, could be raised by a postjudgment motion and the allegations do not warrant a departure from traditional orderly procedure.

Mercure, J. P., Crew III, White, Casey and Yesawich Jr., [826]*826JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Lewis, J.), entered September 9, 1993 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We reject petitioner’s contention that Supreme Court erred in denying his application for a writ of habeas corpus. As the court noted, habeas corpus relief is not available where the issues raised could have been advanced on direct appeal or by way of a CPL article 440 motion. The issue involved in this petition, attendance of a pro se defendant at sidebar conferences, could be raised by a postjudgment motion and the allegations do not warrant a departure from traditional orderly procedure.

Mercure, J. P., Crew III, White, Casey and Yesawich Jr., [826]*826JJ., concur. Ordered that the judgment is affirmed, without costs.

People ex rel. Aziz v. Warden of Clinton Correctional Facility, 205 A.D.2d 825, 615 N.Y.S.2d 298, 1994 N.Y. App. Div. LEXIS 5898 (N.Y. Ct. App. 1994).

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205 A.D.2d 825 (People ex rel. Aziz v. Warden of Clinton Correctional Facility) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.