People ex rel. Bedell v. Ercole
This text of 71 A.D.3d 801 (People ex rel. Bedell v. Ercole) 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.
Opinion
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Duchess County (Sammarco, J.), dated August 6, 2008, which, without a hearing, dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
A writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by post-judgment motion in the court where the conviction occurred (see People ex rel. Almeyda v Schultz, 18 AD3d 582 [2005]; People ex rel. Barnes v Fischer, 303 AD2d 526 [2003]; People ex rel. Pearson v Garvin, 211 AD2d 690, 691 [1995]; People ex rel. Moore v Scully, 189 AD2d 845 [1993]). The allegations in the petition do not warrant a departure from traditional orderly procedure (see People ex rel. Keitt v McMann, 18 NY2d 257 [1966]; CPL 210.30 [6]).
The petitioner’s remaining contentions are unpreserved for appellate review. Skelos, J.P., Florio, Hall and Austin, JJ., concur.
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71 A.D.3d 801, 895 N.Y.S.2d 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-bedell-v-ercole-nyappdiv-2010.