From Casetext: Smarter Legal Research

People v. Irvin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 1013 (N.Y. App. Div. 2001)

Opinion

June 8, 2001.

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

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE AND BURNS, JJ.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the petition for a writ of habeas corpus. Habeas corpus is not an appropriate remedy where "the contentions raised in the petition `could have been raised on direct appeal or pursuant to CPL article 440'" ( People ex rel. Pangburn v. Hodges, 281 A.D.2d 973, 973-974 [decided Mar. 21, 2001]; see, People ex rel. Kowalczyk v. LeFevre, 70 A.D.2d 745, lv denied 48 N.Y.2d 602). Although petitioner provided an adequate reason for his failure to take a direct appeal, he provided no reason for his failure to raise his contentions by way of a motion pursuant to CPL 440.10.


Summaries of

People v. Irvin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 1013 (N.Y. App. Div. 2001)
Case details for

People v. Irvin

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK EX REL. KENNETH SMITH…

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

Date published: Jun 8, 2001

Citations

284 A.D.2d 1013 (N.Y. App. Div. 2001)
727 N.Y.S.2d 669