Home/Appellate Division of the Supreme Court of New York/People ex rel. Batista v. Walker

People ex rel. Batista v. Walker

198 A.D.2d 865, 605 N.Y.S.2d 1006, 1993 N.Y. App. Div. LEXIS 11500
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 19, 1993
StatusPublished
Cited by8 cases

This text of 198 A.D.2d 865 (People ex rel. Batista v. Walker) 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. Batista v. Walker, 198 A.D.2d 865, 605 N.Y.S.2d 1006, 1993 N.Y. App. Div. LEXIS 11500 (N.Y. Ct. App. 1993).

Opinion

Judgment unanimously affirmed. Memorandum: Because relator’s argument that the indictment was jurisdictionally defective could have been raised on direct appeal or pursuant to CPL article 440, habeas corpus is not an appropriate remedy (see, People ex rel. Douglas v Vincent, 50 NY2d 901, 903, affg for reasons stated 67 AD2d 587; People ex rel. Van Patten v Walker, 174 AD2d 1058; People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702; People ex rel. Frazier v Coombe, 87 AD2d 904). (Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J. — Habeas Corpus.) Present — Denman, P. J., Balio, Fallon, Doerr and Davis, JJ.

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Bluebook (online)
198 A.D.2d 865, 605 N.Y.S.2d 1006, 1993 N.Y. App. Div. LEXIS 11500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-batista-v-walker-nyappdiv-1993.