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

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

DecidedFebruary 3, 1992

StatusPublished

Cited by2 cases

This text of 180 A.D.2d 657 (People ex rel. Greene v. Scully) 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. 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

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.

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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.

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Bluebook (online)

180 A.D.2d 657, 581 N.Y.S.2d 591, 1992 N.Y. App. Div. LEXIS 1191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-greene-v-scully-nyappdiv-1992.

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