People ex rel. Smith v. Hanslmaier
This text of 237 A.D.2d 473 (People ex rel. Smith v. Hanslmaier) 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
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Kings County (Lipp, J.), dated April 13, 1995, which dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
Because the issues raised in this proceeding could have been reviewed either on direct appeal from the judgment of conviction or on a motion pursuant to CPL article 440 to set aside the judgment, habeas corpus is not an appropriate remedy (see, People ex rel. Benbow v Scully, 189 AD2d 844; People ex rel. Jackson v Scully, 183 AD2d 799; People ex rel. Heath v Riley, 171 AD2d 768). Bracken, J. P., Copertino, Altman and Krausman, JJ., concur.
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Cite This Page — Counsel Stack
237 A.D.2d 473, 655 N.Y.S.2d 976, 1997 N.Y. App. Div. LEXIS 2494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-smith-v-hanslmaier-nyappdiv-1997.