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People ex Rel. Maldonado v. Artuz

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 411 (N.Y. App. Div. 1999)

Opinion

Submitted November 1, 1999

December 20, 1999

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated June 25, 1998, which denied the petition and dismissed the proceeding.

Daniel Maldonado, Stormville, N.Y., appellant pro se.

Eliot L. Spitzer, Attorney-General, New York, N.Y. (Robert A. Forte and Mary Lynn Nicolas of counsel), for respondent.

GUY JAMES MANGANO, P.J., DAVID S. RITTER, GLORIA GOLDSTEIN and HOWARD MILLER, JJ.


DECISION ORDER

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

The issue raised in this proceeding could have been reviewed on direct appeal from the judgment of conviction. In addition, the petitioner's CPL article 440 motion, based on the same ground as that raised in the petition, was previously denied, and leave to appeal therefrom was denied. Accordingly, habeas corpus is not an appropriate remedy (see, People ex rel. Smith v. Hanslmaier, 237 A.D.2d 473; People ex rel. Benbow v. Scully, 189 A.D.2d 844 ; People ex rel. Jackson v. Scully, 183 A.D.2d 799 ; People ex rel. Heath v. Riley, 171 A.D.2d 768 ).

MANGANO, P.J., RITTER, GOLDSTEIN, and H. MILLER, JJ., concur.


Summaries of

People ex Rel. Maldonado v. Artuz

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 411 (N.Y. App. Div. 1999)
Case details for

People ex Rel. Maldonado v. Artuz

Case Details

Full title:THE PEOPLE, etc., ex rel. DANIEL MALDONADO, appellant, v. CHRISTOPHER…

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

Date published: Dec 20, 1999

Citations

267 A.D.2d 411 (N.Y. App. Div. 1999)
700 N.Y.S.2d 729

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