People ex rel. Kitchen v. White

158 A.D.2d 437, 552 N.Y.S.2d 9, 1990 N.Y. App. Div. LEXIS 2111

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 27, 1990
• Status: Published

Opinion

After a bench trial, appellant was convicted of criminal possession of a weapon, in the third degree and criminal possession of a controlled substance in the seventh degree. He thereafter brought a petition for a writ of habeas corpus claiming that he had been denied his statutory right to testify before the Grand Jury. A writ of habeas corpus is an inappropriate method to review issues which may be raised on direct appeal. (People ex rel. Goss v Smith, 69 NY2d 727.) Concur— Sullivan, J. P., Carro, Rosenberger, Ellerin and Smith, JJ.