People ex rel. Klosin v. Bebary
This text of 66 A.D.3d 1429 (People ex rel. Klosin v. Bebary) 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
—Appeal from a judgment (denominated order) of the Supreme Court, Erie County (M. William Boiler, A.J.), entered March 10, 2008. The judgment dismissed the petition for a writ of habeas corpus.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. The contentions of petitioner could have been raised on his direct appeal from the judgment of conviction or by way of a CPL 440.10 motion, and thus habeas corpus relief is not available (see People ex rel. Lanfair v Corcoran, 60 AD3d 1351 [2009], lv denied 12 NY3d 714 [2009]; People ex rel. Smith v Burge, 11 AD3d 907 [2004], lv denied 4 NY3d 701 [2004]). Present—Hurlbutt, J.P, Fahey, Peradotto, Green and Pine, JJ.
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Cite This Page — Counsel Stack
66 A.D.3d 1429, 885 N.Y.S.2d 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-klosin-v-bebary-nyappdiv-2009.