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People ex Rel. Greene v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1992
180 A.D.2d 657 (N.Y. App. Div. 1992)

Opinion

February 3, 1992

Appeal from the Supreme Court, Dutchess County (Juidice, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner has failed to set forth any "factual or legal basis * * * which would render the indictment underlying [his] conviction jurisdictionally defective" (People ex rel. Brady v Scully, 111 A.D.2d 419, 420). Indeed, the claim raised by the petitioner could have been raised on direct appeal, or in a motion pursuant to CPL article 440, and, at best, would have only mandated a new trial, and not petitioner's immediate release from custody (see, People ex rel. Brady v. Scully, supra; People v Jordan, 20 A.D.2d 583). Accordingly, the instant habeas corpus proceeding was properly dismissed (see, People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 60 N.Y.2d 648). Mangano, P.J., Sullivan, Balletta and Ritter, JJ., concur.


Summaries of

People ex Rel. Greene v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1992
180 A.D.2d 657 (N.Y. App. Div. 1992)
Case details for

People ex Rel. Greene v. Scully

Case Details

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

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

Date published: Feb 3, 1992

Citations

180 A.D.2d 657 (N.Y. App. Div. 1992)

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