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People v. Hanslmaier

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 473 (N.Y. App. Div. 1997)

Opinion

March 17, 1997.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Kings County (Lipp, J.), dated April 13, 1995, which dismissed the proceeding.

Before: Bracken, J.P., Copertino, Altman and Krausman, JJ.


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

Because the issues raised in this proceeding could have been reviewed either on direct appeal from the judgment of conviction or on a motion pursuant to CPL article 440 to set aside the judgment, habeas corpus is not an appropriate remedy ( see, People ex rel. Benbow v Scully, 189 AD2d 844; People ex rel. Jackson v Scully, 183 AD2d 799; People ex rel. Heath v Riley, 171 AD2d 768).


Summaries of

People v. Hanslmaier

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 473 (N.Y. App. Div. 1997)
Case details for

People v. Hanslmaier

Case Details

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

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

Date published: Mar 17, 1997

Citations

237 A.D.2d 473 (N.Y. App. Div. 1997)
655 N.Y.S.2d 976