People ex rel. Pitts v. McCoy

Appellate Division of the Supreme Court of New York

People ex rel. Pitts v. McCoy

11 A.D.3d 985, 782 N.Y.S.2d 389, 2004 N.Y. App. Div. LEXIS 11361

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

DecidedOctober 1, 2004

StatusPublished

Cited by1 cases

This text of 11 A.D.3d 985 (People ex rel. Pitts v. McCoy) 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. Pitts v. McCoy, 11 A.D.3d 985, 782 N.Y.S.2d 389, 2004 N.Y. App. Div. LEXIS 11361 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered July 8, 2003 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition for 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: We reject the contention of petitioner that Supreme Court should have granted his petition for a writ of habeas corpus. The contentions of petitioner could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 (see People ex rel. Patterson v Berbary, 299 AD2d 850, 851 [2002], lv denied 99 NY2d 508 [2003]; People ex rel. Mammarello v Donnelly, 286 AD2d 937 [2001]; People ex rel. Johnson v Walker, 262 AD2d 1005 [1999], lv denied 93 NY2d 818 [1999], cert denied 528 US 1165 [2000]), including his contentions that the indictment was jurisdictionally defective (see People ex rel. Batista v Walker, 198 AD2d 865 [1993], lv denied 83 NY2d 752 [1994]) and that he was subjected to double jeopardy (see People ex rel. Hammock v Meloni, 233 AD2d 929 [1996], lv denied 89 NY2d 807 [1997]; People ex rel. Webb v Leonardo, 136 AD2d 840, 841 [1988]). Present—Pine, J.P., Scudder, Kehoe, Martoche and Lawton, JJ.

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Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered July 8, 2003 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition for 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: We reject the contention of petitioner that Supreme Court should have granted his petition for a writ of habeas corpus. The contentions of petitioner could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 (see People ex rel. Patterson v Berbary, 299 AD2d 850, 851 [2002], lv denied 99 NY2d 508 [2003]; People ex rel. Mammarello v Donnelly, 286 AD2d 937 [2001]; People ex rel. Johnson v Walker, 262 AD2d 1005 [1999], lv denied 93 NY2d 818 [1999], cert denied 528 US 1165 [2000]), including his contentions that the indictment was jurisdictionally defective (see People ex rel. Batista v Walker, 198 AD2d 865 [1993], lv denied 83 NY2d 752 [1994]) and that he was subjected to double jeopardy (see People ex rel. Hammock v Meloni, 233 AD2d 929 [1996], lv denied 89 NY2d 807 [1997]; People ex rel. Webb v Leonardo, 136 AD2d 840, 841 [1988]). Present—Pine, J.P., Scudder, Kehoe, Martoche and Lawton, JJ.

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11 A.D.3d 985, 782 N.Y.S.2d 389, 2004 N.Y. App. Div. LEXIS 11361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-pitts-v-mccoy-nyappdiv-2004.

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