People ex rel. Murphy v. Leonardo

179 A.D.2d 848, 578 N.Y.S.2d 426, 1992 N.Y. App. Div. LEXIS 106

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 9, 1992
• Status: Published

Opinion

Petitioner primarily contends that his conviction for various crimes was illegal on double jeopardy grounds. We agree, however, with Supreme Court’s determination that, insofar as a direct appeal of petitioner’s conviction is pending and because petitioner failed to advance circumstances showing the practicality or necessity for a departure from traditional orderly procedures, habeas corpus relief was inappropriate (see, People ex rel. Webb v Leonardo, 136 AD2d 840; People ex rel. Sanchez v Hoke, 132 AD2d 861). This result applies with equal force to the remaining allegations set forth in the petition (see, People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702).

Mercure, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.