§ 7002 — Petition

New York § 7002

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 70: Habeas Corpus

Text

§ 7002. Petition. (a) By whom made. A person illegally imprisoned or\notherwise restrained in his liberty within the state, or one acting on\nhis behalf or a party in a child abuse proceeding subsequent to an order\nof the family court, may petition without notice for a writ of habeas\ncorpus to inquire into the cause of such detention and for deliverance.\nA judge authorized to issue writs of habeas corpus having evidence, in a\njudicial proceeding before him, that any person is so detained shall, on\nhis own initiative, issue a writ of habeas corpus for the relief of that\nperson.\n (b) To whom made. Except as provided in paragraph five of this\nsubdivision, a petition for the writ shall be made to:\n 1. the supreme court in the judicial district in which the person is\ndetained; or\n 2. the appellate division in the department in which the person is\ndetained; or\n 3. any justice of the supreme court; or\n 4. a county judge being or residing within the county in which the\nperson is detained; where there is no judge within the county capable of\nissuing the writ, or if all within the county capable of doing so have\nrefused, the petition may be made to a county judge being or residing\nwithin an adjoining county.\n 5. in a city having a population of one million or more inhabitants, a\nperson held as a trial incarcerated individual in a city detention\ninstitution shall petition for a writ to the supreme court in the county\nin which the charge for which the incarcerated individual is being\ndetained is pending. Such incarcerated individual may also petition for\na writ to the appellate division in the department in which he is\ndetained or to any justice of the supreme court provided that the writ\nshall be made returnable before a justice of the supreme court held in\nthe county in which the charge for which the incarcerated individual is\nbeing detained is pending.\n (c) Content. The petition shall be verified and shall state, or shall\nbe accompanied by an affidavit which shall state,\n 1. that the person in whose behalf the petition is made is detained,\nnaming the person by whom he is detained and the place of detention if\nthey are known, or describing them if they are not known; where the\ndetention is by virtue of a mandate, a copy of it shall be annexed to\nthe petition, or sufficient reason why a copy could not be obtained\nshall be stated;\n 2. the cause or pretense of the detention, according to the best\nknowledge and belief of the petitioner;\n 3. that a court or judge of the United States does not have exclusive\njurisdiction to order him released;\n 4. if the writ is sought because of an illegal detention, the nature\nof the illegality;\n 5. whether any appeal has been taken from any order by virtue of which\nthe person is detained, and, if so, the result;\n 6. the date, and the court or judge to whom made, of every previous\napplication for the writ, the disposition of each such application and\nof any appeal taken, and the new facts, if any, presented in the\npetition that were not presented in any previous application; and\n 7. if the petition is made to a county judge outside the county in\nwhich the person is detained, the facts which authorize such judge to\nact.\n