People ex rel. Greene v. Scully

Appellate Division of the Supreme Court of New York

People ex rel. Greene v. Scully

180 A.D.2d 657, 581 N.Y.S.2d 591, 1992 N.Y. App. Div. LEXIS 1191

Appellate Division of the Supreme Court of the State of New York·Decided February 3, 1992·Published·Cited by 2 cases

Opinion

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Juidice, J.), entered April 24,1991, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner has failed to set forth any "factual or legal basis * * * which would render the indictment underlying [his] conviction jurisdictionally defective” (People ex rel. Brady v Scully, 111 AD2d 419, 420). Indeed, the claim raised by the petitioner could have been raised on direct appeal, or in a motion pursuant to CPL article 440, and, at best, would have only mandated a new trial, and not petitioner’s immediate release from custody (see, People ex rel. Brady v Scully, supra; People v Jordan, 20 AD2d 583). Accordingly, the instant habeas corpus proceeding was properly dismissed (see, People ex rel. Kaplan v Commissioner of Correction of City of N. Y., 60 NY2d 648). Mangano, P. J., Sullivan, Balletta and Ritter, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Juidice, J.), entered April 24,1991, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner has failed to set forth any "factual or legal basis * * * which would render the indictment underlying [his] conviction jurisdictionally defective” (People ex rel. Brady v Scully, 111 AD2d 419, 420). Indeed, the claim raised by the petitioner could have been raised on direct appeal, or in a motion pursuant to CPL article 440, and, at best, would have only mandated a new trial, and not petitioner’s immediate release from custody (see, People ex rel. Brady v Scully, supra; People v Jordan, 20 AD2d 583). Accordingly, the instant habeas corpus proceeding was properly dismissed (see, People ex rel. Kaplan v Commissioner of Correction of City of N. Y., 60 NY2d 648). Mangano, P. J., Sullivan, Balletta and Ritter, JJ., concur.

People ex rel. Greene v. Scully, 180 A.D.2d 657, 581 N.Y.S.2d 591, 1992 N.Y. App. Div. LEXIS 1191 (N.Y. Ct. App. 1992).

Pincite

180 A.D.2d 657 (People ex rel. Greene v. Scully) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related