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People ex rel. Pass v. Hoke

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 909 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the Supreme Court, Ulster County (Connor, J.).


Because habeas corpus is not a proper vehicle to challenge errors which could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Rosado v Miles, 138 A.D.2d 808; People ex rel. Vasquez v Scully, 105 A.D.2d 722), Supreme Court properly denied petitioner's application for a writ of habeas corpus. Petitioner's appeal from his judgment of conviction has been affirmed by the Second Department (People v Pass, 82 A.D.2d 812). Petitioner has given no reason why the error he now raises was not raised on direct appeal (see, People ex rel. Barnes v Smith, 70 A.D.2d 764) or why we should now "depart from traditional, orderly procedure" (see, People ex rel. Avery v LeFevre, 105 A.D.2d 1015). In any event, petitioner's argument concerning the propriety of the predicate crime used for his felony murder conviction is meritless (cf., People v Wroblewski, 109 A.D.2d 39, 44, affd 67 N.Y.2d 933, cert denied 479 U.S. 845).

Judgment affirmed, without costs. Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur.


Summaries of

People ex rel. Pass v. Hoke

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 909 (N.Y. App. Div. 1991)
Case details for

People ex rel. Pass v. Hoke

Case Details

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

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 909 (N.Y. App. Div. 1991)
566 N.Y.S.2d 782