People ex rel. Sacco v. Greene

Appellate Division of the Supreme Court of New York

People ex rel. Sacco v. Greene

13 A.D.3d 1015, 786 N.Y.S.2d 369, 2004 N.Y. App. Div. LEXIS 16190

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

DecidedDecember 30, 2004

StatusPublished

This text of 13 A.D.3d 1015 (People ex rel. Sacco v. Greene) 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. Sacco v. Greene, 13 A.D.3d 1015, 786 N.Y.S.2d 369, 2004 N.Y. App. Div. LEXIS 16190 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the Supreme Court (Berke, J.), entered March 29, 2004 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, who is serving a sentence of 25 years to life for a murder conviction, filed this application for a writ of habeas corpus contending that the state lacked territorial jurisdiction to indict and prosecute him because the murder was committed in another state. Supreme Court denied petitioner’s application without a hearing and this appeal ensued. Inasmuch as petitioner seeks to raise an issue which could have been advanced on direct appeal or in the context of a CPL article 440 motion, habeas corpus relief is unavailable (see People ex rel. Barnett v Senkowski, 294 AD2d 686 [2002]; see also People ex rel. Burt v Campbell, 2 AD3d 1067 [2003], lv denied 2 NY3d 708 [2004]).

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Berke, J.), entered March 29, 2004 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, who is serving a sentence of 25 years to life for a murder conviction, filed this application for a writ of habeas corpus contending that the state lacked territorial jurisdiction to indict and prosecute him because the murder was committed in another state. Supreme Court denied petitioner’s application without a hearing and this appeal ensued. Inasmuch as petitioner seeks to raise an issue which could have been advanced on direct appeal or in the context of a CPL article 440 motion, habeas corpus relief is unavailable (see People ex rel. Barnett v Senkowski, 294 AD2d 686 [2002]; see also People ex rel. Burt v Campbell, 2 AD3d 1067 [2003], lv denied 2 NY3d 708 [2004]).

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

13 A.D.3d 1015, 786 N.Y.S.2d 369, 2004 N.Y. App. Div. LEXIS 16190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-sacco-v-greene-nyappdiv-2004.

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