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People ex rel Mammarello v. Donnelly

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 937 (N.Y. App. Div. 2001)

Opinion

(1083) KAH 00-00389.

September 28, 2001.

(Appeal from Judgment of Supreme Court, Erie County, O'Donnell, J. — Habeas Corpus.)

PRESENT: GREEN, J.P., SCUDDER, KEHOE, GORSKI AND LAWTON, JJ.


Judgment unanimously affirmed without costs.

Memorandum:

The contention raised in the petition seeking a writ of habeas corpus could have been raised on direct appeal or by motion pursuant to CPL 440.10 and thus Supreme Court properly dismissed the petition ( see, People ex rel. Mancuso v. Herbert, 256 A.D.2d 1158, 1159, lv denied 93 N.Y.2d 809). Furthermore, habeas corpus relief is inappropriate because the only remedy to which petitioner would be entitled would be a new trial ( see, People ex rel. Kaplan v. Commissioner of Correction of City of N. Y., 60 N.Y.2d 648, 649). Petitioner's further contention on appeal was not raised in the petition and therefore is not properly before us ( see, People ex rel. Pangburn v. Hodges, 281 A.D.2d 973, lv denied 96 N.Y.2d 713).


Summaries of

People ex rel Mammarello v. Donnelly

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 937 (N.Y. App. Div. 2001)
Case details for

People ex rel Mammarello v. Donnelly

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK EX REL. DANIEL MAMMARELLO…

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

Date published: Sep 28, 2001

Citations

286 A.D.2d 937 (N.Y. App. Div. 2001)
731 N.Y.S.2d 417

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