People ex rel. Southard v. Williams

Appellate Division of the Supreme Court of New York

People ex rel. Southard v. Williams

180 A.D.2d 991, 580 N.Y.S.2d 570, 1992 N.Y. App. Div. LEXIS 2897

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

DecidedFebruary 27, 1992

StatusPublished

This text of 180 A.D.2d 991 (People ex rel. Southard v. Williams) 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. Southard v. Williams, 180 A.D.2d 991, 580 N.Y.S.2d 570, 1992 N.Y. App. Div. LEXIS 2897 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the Supreme Court (Brown, J.), entered July 17, 1991 in Saratoga County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding alleging that his guilty plea to attempted escape in the first degree was involuntary. Having failed to pursue in an orderly manner either a timely appeal or relief by way of a CPL article 440 motion, petitioner’s application for habeas corpus relief is inappropriate (see, People ex rel. Woodard v Berry, 143 AD2d 457, 458, lv denied 73 NY2d 705). In addition, the allegations in his petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702; People ex rel. Avery v LeFevre, 105 AD2d 1015). In any event, there is nothing in the record before this court to show that petitioner’s arguments have merit (see, People ex rel. Rosado v Miles, 138 AD2d 808; People v Clickner, 128 AD2d 917, 919, lv denied 70 NY2d 644).

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

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Appeal from a judgment of the Supreme Court (Brown, J.), entered July 17, 1991 in Saratoga County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding alleging that his guilty plea to attempted escape in the first degree was involuntary. Having failed to pursue in an orderly manner either a timely appeal or relief by way of a CPL article 440 motion, petitioner’s application for habeas corpus relief is inappropriate (see, People ex rel. Woodard v Berry, 143 AD2d 457, 458, lv denied 73 NY2d 705). In addition, the allegations in his petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702; People ex rel. Avery v LeFevre, 105 AD2d 1015). In any event, there is nothing in the record before this court to show that petitioner’s arguments have merit (see, People ex rel. Rosado v Miles, 138 AD2d 808; People v Clickner, 128 AD2d 917, 919, lv denied 70 NY2d 644).

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

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Bluebook (online)

180 A.D.2d 991, 580 N.Y.S.2d 570, 1992 N.Y. App. Div. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-southard-v-williams-nyappdiv-1992.

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