People ex rel. Rossi v. Bartlett

Appellate Division of the Supreme Court of New York

People ex rel. Rossi v. Bartlett

192 A.D.2d 995, 597 N.Y.S.2d 603, 1993 N.Y. App. Div. LEXIS 4404

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

DecidedApril 29, 1993

StatusPublished

This text of 192 A.D.2d 995 (People ex rel. Rossi v. Bartlett) 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.

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People ex rel. Rossi v. Bartlett, 192 A.D.2d 995, 597 N.Y.S.2d 603, 1993 N.Y. App. Div. LEXIS 4404 (N.Y. Ct. App. 1993).

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Opinion

—Appeal from a judgment of the Supreme Court (Monserrate, J.), entered August 7, 1992 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We find that Supreme Court properly denied petitioner’s application for a writ of habeas corpus. Petitioner’s allegations concerning his indictment could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Woodard v Berry, 143 AD2d 457, 458, lv denied 73 NY2d 705; People ex rel. Davis v Coombe, 97 AD2d 667). Further, the facts alleged by petitioner do not merit a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702).

Mikoll, J. P., Yesawich Jr., Levine, Mercure 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 (Monserrate, J.), entered August 7, 1992 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We find that Supreme Court properly denied petitioner’s application for a writ of habeas corpus. Petitioner’s allegations concerning his indictment could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Woodard v Berry, 143 AD2d 457, 458, lv denied 73 NY2d 705; People ex rel. Davis v Coombe, 97 AD2d 667). Further, the facts alleged by petitioner do not merit a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702).

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

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192 A.D.2d 995, 597 N.Y.S.2d 603, 1993 N.Y. App. Div. LEXIS 4404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-rossi-v-bartlett-nyappdiv-1993.

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