Legal Opinion

People ex rel. Nelson v. Scully

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1986PublishedCited by 10 opinions

1Opinion of the Court

— In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Coppola, J.), dated April 3, 1984, which, after a hearing, dismissed the petition and remanded him to the custody of the respondent.

Judgment affirmed, without costs or disbursements.

Inasmuch as the issues raised herein could have been reviewed either on direct appeal from the petitioner’s judgment of conviction or on a motion pursuant to CPL article 440 in *710the court of original jurisdiction, habeas corpus is not an appropriate remedy (see, People ex rel. Hall v LeFevre, 92 AD2d 956,…

2Cases cited8 opinions

  1. People v. IannoneNew York Court of Appeals · 1978
  2. People ex rel. Hall v. LeFevreNew York Court of Appeals · 1983
  3. People ex rel. Hall v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. RuppNew York Supreme Court · 1973
  5. People ex rel. Brady v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Sanford v. SenkowskiDistrict Court, E.D. New York · 1992
  2. Udzinski v. KellyDistrict Court, E.D. New York · 1990
  3. People ex rel. Stewart v. PeopleAppellate Division of the Supreme Court of the State of New York · 1988
  4. People ex rel. Jackson v. ScullyAppellate Division of the Supreme Court of the State of New York · 1992
  5. People ex rel. Gasper v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990

5 more not listed; retrieve them via the Exa API.

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