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People v. Ercole

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 2009
64 A.D.3d 669 (N.Y. App. Div. 2009)

Opinion

No. 2007-11252.

July 14, 2009.

In a habeas corpus proceeding pursuant to CPLR article 70, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Brands, J.), dated November 7, 2007, which, without a hearing, denied the petition and dismissed the proceeding.

Carl Dushain, Stormville, N.Y., appellant pro se.

Robert M. Morgenthau, District Attorney, New York, N.Y. (Eleanor J. Ostrow of counsel), for respondent.

Before: Spolzino, J.P., Angiolillo, Chambers and Lott, JJ., concur.


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

A writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by a postjudgment motion addressed to the court in which an underlying judgment of conviction was rendered ( see People ex rel. Almeyda v Schultz, 18 AD3d 582; People ex rel. Barnes v Fischer, 303 AD2d 526; People ex rel. Pearson v Garvin, 211 AD2d 690, 691; People ex rel. Moore v Scully, 189 AD2d 845; People ex rel. Benbow v Scully, 189 AD2d 844). The allegations in the petition do not warrant departure from traditional orderly procedure ( see People ex rel. Keitt v McMann, 18 NY2d 257, 262; see also CPL 210.30).


Summaries of

People v. Ercole

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 2009
64 A.D.3d 669 (N.Y. App. Div. 2009)
Case details for

People v. Ercole

Case Details

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

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

Date published: Jul 14, 2009

Citations

64 A.D.3d 669 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 5881
881 N.Y.S.2d 899