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People ex Rel. St. Germain v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 11, 1994
202 A.D.2d 1053 (N.Y. App. Div. 1994)

Opinion

March 11, 1994

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Denman, P.J., Balio, Lawton, Doerr and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court properly dismissed the habeas corpus petition because the issue raised, the voluntariness of relator's guilty plea, either was or could have been raised on direct appeal from the judgment of conviction or in a motion pursuant to CPL article 440 (see, People ex rel. Van Patten v. Walker, 174 A.D.2d 1058; People ex rel. Lamberty v. Kuhlmann, 165 A.D.2d 922). Moreover, because relator would be entitled only to withdraw his guilty plea and go to trial and not to immediate release, habeas corpus is not an appropriate remedy (see, People ex rel. Hall v LeFevre, 60 N.Y.2d 579, 580; People ex rel. Kaplan v. Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 649).


Summaries of

People ex Rel. St. Germain v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 11, 1994
202 A.D.2d 1053 (N.Y. App. Div. 1994)
Case details for

People ex Rel. St. Germain v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM ST. GERMAIN…

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

Date published: Mar 11, 1994

Citations

202 A.D.2d 1053 (N.Y. App. Div. 1994)
609 N.Y.S.2d 461

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