People ex rel. Haymon v. Meloni

233 A.D.2d 903, 649 N.Y.S.2d 866, 1996 N.Y. App. Div. LEXIS 13392

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 8, 1996
• Status: Published

Opinion

Judgment unanimously affirmed without costs. Memorandum: Because the issues raised by relator concerning the circumstances of his arrest could have been reviewed either on direct appeal or on a CPL article 440 motion, County Court properly dismissed his petition seeking a writ of habeas corpus (see, People ex rel. Nelson v Scully, 119 AD2d 709, lv denied 69 NY2d 602). (Appeal from Judgment of Monroe County Court, Smith, J.—Habeas Corpus.) Present—Pine, J. P., Fallon, Wesley, Davis and Boehm, JJ.