People ex rel. Thomas v. Bartlett

Appellate Division of the Supreme Court of New York

People ex rel. Thomas v. Bartlett

198 A.D.2d 639, 604 N.Y.S.2d 837, 1993 N.Y. App. Div. LEXIS 10525

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1993·Published

Opinion

—Appeal from a judgment of the Supreme Court (Monserrate, J.), entered October 28, 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 affirm. It is well settled that habeas corpus relief is not a proper remedy where the allegations in the petition could have been raised either on direct appeal or by way of a CPL article 440 motion. In the absence of proof warranting a departure from traditional orderly procedure, petitioner’s application for a writ of habeas corpus was properly denied.

Weiss, P. J., Yesawich Jr., Crew III, White and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment of the Supreme Court (Monserrate, J.), entered October 28, 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 affirm. It is well settled that habeas corpus relief is not a proper remedy where the allegations in the petition could have been raised either on direct appeal or by way of a CPL article 440 motion. In the absence of proof warranting a departure from traditional orderly procedure, petitioner’s application for a writ of habeas corpus was properly denied.

Weiss, P. J., Yesawich Jr., Crew III, White and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

People ex rel. Thomas v. Bartlett, 198 A.D.2d 639, 604 N.Y.S.2d 837, 1993 N.Y. App. Div. LEXIS 10525 (N.Y. Ct. App. 1993).

Pincite

198 A.D.2d 639 (People ex rel. Thomas v. Bartlett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.