People ex rel. Meehan v. Woods

Appellate Division of the Supreme Court of New York

People ex rel. Meehan v. Woods

41 A.D.3d 1055, 836 N.Y.S.2d 897

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

DecidedJune 21, 2007

StatusPublished

Cited by1 cases

This text of 41 A.D.3d 1055 (People ex rel. Meehan v. Woods) 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. Meehan v. Woods, 41 A.D.3d 1055, 836 N.Y.S.2d 897 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered [1056]*1056June 15, 2006 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted of murder in the second degree (two counts), robbery in the first degree and criminal possession of stolen property in the third degree. The judgment was affirmed on appeal (People v Meehan, 229 AD2d 715 [1996], lv denied 89 NY2d 926 [1996]). Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus alleging that he is being improperly detained because several errors were made at his criminal trial. Supreme Court summarily dismissed the petition without a hearing. Inasmuch as petitioner could have raised or did raise arguments relating to the alleged errors on his direct appeal or by way of his unsuccessful motion pursuant to CPL article 440, relief pursuant to habeas corpus is not a proper remedy (see People ex rel. Burr v Smith, 6 AD3d 841 [2004], lv denied 3 NY3d 605 [2004]).

Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Feldstein, J.), entered [1056]*1056June 15, 2006 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted of murder in the second degree (two counts), robbery in the first degree and criminal possession of stolen property in the third degree. The judgment was affirmed on appeal (People v Meehan, 229 AD2d 715 [1996], lv denied 89 NY2d 926 [1996]). Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus alleging that he is being improperly detained because several errors were made at his criminal trial. Supreme Court summarily dismissed the petition without a hearing. Inasmuch as petitioner could have raised or did raise arguments relating to the alleged errors on his direct appeal or by way of his unsuccessful motion pursuant to CPL article 440, relief pursuant to habeas corpus is not a proper remedy (see People ex rel. Burr v Smith, 6 AD3d 841 [2004], lv denied 3 NY3d 605 [2004]).

Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

41 A.D.3d 1055, 836 N.Y.S.2d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-meehan-v-woods-nyappdiv-2007.

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