People ex rel. Minter v. Eisenschmidt

Appellate Division of the Supreme Court of New York

People ex rel. Minter v. Eisenschmidt

294 A.D.2d 939, 741 N.Y.S.2d 781, 2002 N.Y. App. Div. LEXIS 4542

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 2002·Published·Cited by 6 cases

Opinion

—Appeal from a judgment (denominated order) of Supreme Court, Seneca County (Bender, J.), entered December 26, 2000, which dismissed the petition seeking a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. The issue raised in the petition could be raised on direct appeal or by a CPL article [940]*940440 motion, and thus the remedy of habeas corpus is not available (see Matter of Roberts v County Court of Wyoming County, 39 AD2d 246, 252-253, affd 34 NY2d 246; People ex rel. Mancuso v Herbert, 256 AD2d 1158, 1159, lv denied 93 NY2d 809; People ex rel. Abdullah v Walker, 199 AD2d 1074, lv denied 83 NY2d 752; People ex rel. Hannon v Ryan, 34 AD2d 393, 396, lv denied 27 NY2d 487; cf. People ex rel. Keitt v McMann, 18 NY2d 257, 262). Present—Pine, J.P., Hayes, Wisner, Scudder and Kehoe, JJ.

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—Appeal from a judgment (denominated order) of Supreme Court, Seneca County (Bender, J.), entered December 26, 2000, which dismissed the petition seeking a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. The issue raised in the petition could be raised on direct appeal or by a CPL article [940]*940440 motion, and thus the remedy of habeas corpus is not available (see Matter of Roberts v County Court of Wyoming County, 39 AD2d 246, 252-253, affd 34 NY2d 246; People ex rel. Mancuso v Herbert, 256 AD2d 1158, 1159, lv denied 93 NY2d 809; People ex rel. Abdullah v Walker, 199 AD2d 1074, lv denied 83 NY2d 752; People ex rel. Hannon v Ryan, 34 AD2d 393, 396, lv denied 27 NY2d 487; cf. People ex rel. Keitt v McMann, 18 NY2d 257, 262). Present—Pine, J.P., Hayes, Wisner, Scudder and Kehoe, JJ.

People ex rel. Minter v. Eisenschmidt, 294 A.D.2d 939, 741 N.Y.S.2d 781, 2002 N.Y. App. Div. LEXIS 4542 (N.Y. Ct. App. 2002).

Pincite

294 A.D.2d 939 (People ex rel. Minter v. Eisenschmidt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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