People ex rel. Moore v. Senkowski

Appellate Division of the Supreme Court of New York

People ex rel. Moore v. Senkowski

180 A.D.2d 850, 580 N.Y.S.2d 663, 1992 N.Y. App. Div. LEXIS 1177

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

DecidedFebruary 6, 1992

StatusPublished

Cited by1 cases

This text of 180 A.D.2d 850 (People ex rel. Moore v. Senkowski) 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. Moore v. Senkowski, 180 A.D.2d 850, 580 N.Y.S.2d 663, 1992 N.Y. App. Div. LEXIS 1177 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the Supreme Court (Lewis, J.), entered May 24, 1991 in Clinton County, which denied petitioner’s application for writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

It is well established that habeas corpus is not an appropriate remedy where the issues raised could have been advanced on direct appeal or by way of a motion pursuant to CPL article 440 (People ex rel. Rosado v Miles, 138 AD2d 808). Here, the claims raised by petitioner in support of his application for a writ of habeas corpus are the same claims raised by him and specifically rejected by this court on the direct appeal from his conviction (see, People v Moore, 132 AD2d 776, lv denied 70 NY2d 802). Furthermore, the allegations in the petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Gaines v Jones, 79 AD2d 1065). Supreme Court’s decision to deny petitioner’s application must therefore be upheld.

Weiss, P. J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Lewis, J.), entered May 24, 1991 in Clinton County, which denied petitioner’s application for writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

It is well established that habeas corpus is not an appropriate remedy where the issues raised could have been advanced on direct appeal or by way of a motion pursuant to CPL article 440 (People ex rel. Rosado v Miles, 138 AD2d 808). Here, the claims raised by petitioner in support of his application for a writ of habeas corpus are the same claims raised by him and specifically rejected by this court on the direct appeal from his conviction (see, People v Moore, 132 AD2d 776, lv denied 70 NY2d 802). Furthermore, the allegations in the petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Gaines v Jones, 79 AD2d 1065). Supreme Court’s decision to deny petitioner’s application must therefore be upheld.

Weiss, P. J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

180 A.D.2d 850, 580 N.Y.S.2d 663, 1992 N.Y. App. Div. LEXIS 1177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-moore-v-senkowski-nyappdiv-1992.

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