From Casetext: Smarter Legal Research

People ex Rel. Brown v. Com., Dep., Cor. Ser

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 602 (N.Y. App. Div. 1998)

Opinion

July 2, 1998

Appeal from the Supreme Court, Demarest, J.


Petitioner commenced this proceeding for a writ of habeas corpus, contending that the indictment which led to his conviction of murder in the second degree was jurisdictionally defective, that the prosecution was improperly allowed to amend the indictment and that he received ineffective assistance of trial counsel. Supreme Court dismissed the application and we affirm. Given that petitioner could have raised these issues on his direct appeal or in a motion pursuant to CPL article 440, habeas corpus is an inappropriate remedy ( see, People ex rel. Rodriguez v. Kahlmann, 239 A.D.2d 721, lv denied 90 N.Y.2d 808; People ex rel. Barrett v. Scully, 203 A.D.2d 311) and we find no reason to depart from traditional orderly procedure in this case.

Mikoll, J.P., Mercure, White, Peters and Graffeo, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

People ex Rel. Brown v. Com., Dep., Cor. Ser

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 602 (N.Y. App. Div. 1998)
Case details for

People ex Rel. Brown v. Com., Dep., Cor. Ser

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DELANO BROWN, Appellant, v…

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

Date published: Jul 2, 1998

Citations

252 A.D.2d 602 (N.Y. App. Div. 1998)
673 N.Y.S.2d 620

Citing Cases

People v. Keane

We find that the issues raised by petitioner are issues that could have been raised on direct appeal from his…

People v. Girdich

Supreme Court denied petitioner's application for a writ of habeas corpus. The issues raised by petitioner…