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People ex Rel. Abdullah v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1074 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Denman, P.J., Green, Balio, Lawton and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Habeas corpus relief is not a proper remedy where the issues raised in the petition were, or could have been, raised on direct appeal or by a CPL article 440 motion (see, People ex rel. Willette v Coughlin, 184 A.D.2d 926, lv denied 80 N.Y.2d 759; People ex rel. Van Patten v Walker, 174 A.D.2d 1058, lv denied 78 N.Y.2d 859). Further, Supreme Court did not err in dismissing the petition without first requiring respondents to serve a return. A return is required only after the petition has been granted and the court has issued a writ of habeas corpus (see, CPLR 7006 [a]).


Summaries of

People ex Rel. Abdullah v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1074 (N.Y. App. Div. 1993)
Case details for

People ex Rel. Abdullah v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. NATHANIEL ABDULLAH, Appellant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 29, 1993

Citations

199 A.D.2d 1074 (N.Y. App. Div. 1993)
608 N.Y.S.2d 902

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