People ex rel. Vann v. Bartlett

Appellate Division of the Supreme Court of New York

People ex rel. Vann v. Bartlett

207 A.D.2d 929, 616 N.Y.S.2d 264, 1994 N.Y. App. Div. LEXIS 8840

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

DecidedSeptember 15, 1994

StatusPublished

Cited by1 cases

This text of 207 A.D.2d 929 (People ex rel. Vann v. Bartlett) 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. Vann v. Bartlett, 207 A.D.2d 929, 616 N.Y.S.2d 264, 1994 N.Y. App. Div. LEXIS 8840 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the Supreme Court (Ellison, J.), entered October 14, 1993 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 find that petitioner’s application was properly denied. Petitioner’s contention that his petition should have been granted because his conviction was based upon false evidence could have been raised on direct appeal or in a motion pursuant to CPL 440.10. Further, petitioner alleges no facts which merit a departure from traditional orderly procedure.

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

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—Appeal from a judgment of the Supreme Court (Ellison, J.), entered October 14, 1993 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 find that petitioner’s application was properly denied. Petitioner’s contention that his petition should have been granted because his conviction was based upon false evidence could have been raised on direct appeal or in a motion pursuant to CPL 440.10. Further, petitioner alleges no facts which merit a departure from traditional orderly procedure.

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

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Bluebook (online)

207 A.D.2d 929, 616 N.Y.S.2d 264, 1994 N.Y. App. Div. LEXIS 8840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-vann-v-bartlett-nyappdiv-1994.

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