People ex rel Mosqueda v. Hanslmaier

212 A.D.2d 882, 623 N.Y.S.2d 164, 1995 N.Y. App. Div. LEXIS 1363

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 9, 1995
• Status: Published

Opinion

Casey, J.

Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner failed to establish that a writ of habeas corpus is the appropriate remedy for the claims which arise out of his prior conviction (see, People ex rel. Graham v McClellan, 182 AD2d 872, appeal dismissed 80 NY2d 892).

Mikoll, J. P., Mercure, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.