People ex rel. Schaurer v. Fogg
This text of 59 A.D.2d 1072 (People ex rel. Schaurer v. Fogg) 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.
Opinion
Application by petitioner for a writ of habeas corpus. Application denied. The petitioner is presently under custody pursuant to a sentence of the County Court, Monroe County, rendered February 9, 1977. The judgment is presently on appeal to the Appellate Division, Fourth Department. The writ of habeas corpus is not a substitute for an appeal (cf. CPL 210.30, subd 6). If the matter sought to be passed upon by means of a writ of habeas corpus is not permitted under a direct appeal, it follows that it is not reviewable by indirection, i.e., habeas corpus. Gulotta, P. J., Cohalan, Mollen and O’Connor, JJ., concur.
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Cite This Page — Counsel Stack
59 A.D.2d 1072, 400 N.Y.S.2d 7, 1977 N.Y. App. Div. LEXIS 14364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-schaurer-v-fogg-nyappdiv-1977.