Home/Appellate Division of the Supreme Court of New York/People ex rel. Ross v. Irvin

People ex rel. Ross v. Irvin

188 A.D.2d 1087, 592 N.Y.S.2d 1020, 1992 N.Y. App. Div. LEXIS 15021
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 30, 1992
StatusPublished

This text of 188 A.D.2d 1087 (People ex rel. Ross v. Irvin) 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. Ross v. Irvin, 188 A.D.2d 1087, 592 N.Y.S.2d 1020, 1992 N.Y. App. Div. LEXIS 15021 (N.Y. Ct. App. 1992).

Opinion

Judgment unanimously affirmed. Memorandum: Because petitioner’s contention that his conviction was obtained in violation of CPL 310.10 could have been raised on direct appeal or on a motion pursuant to CPL article 440, habeas corpus is not an appropriate remedy (see, People ex rel. Hall v LeFevre, 92 AD2d 956, [1088]*1088affd 60 NY2d 579; People ex rel. Nelson v Scully, 119 AD2d 709, lv denied 69 NY2d 602; People ex rel. Thomas v LeFevre, 102 AD2d 925, lv denied 63 NY2d 604). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Habeas Corpus.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.

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Related

People ex rel. Hall v. LeFevre
454 N.E.2d 121 (New York Court of Appeals, 1983)
People ex rel. Hall v. LeFevre
92 A.D.2d 956 (Appellate Division of the Supreme Court of New York, 1983)
People ex rel. Thomas v. LeFevre
102 A.D.2d 925 (Appellate Division of the Supreme Court of New York, 1984)
People ex rel. Nelson v. Scully
119 A.D.2d 709 (Appellate Division of the Supreme Court of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
188 A.D.2d 1087, 592 N.Y.S.2d 1020, 1992 N.Y. App. Div. LEXIS 15021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-ross-v-irvin-nyappdiv-1992.