Legal Opinion

People ex rel. Walker v. Senkowski

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

Decided June 2, 1994PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Lewis, J.), entered May 13, 1993 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We reject petitioner’s contention that Supreme Court erred in denying his application for a writ of habeas corpus. As the court noted, habeas corpus is not a proper procedure for raising issues which were or could have been addressed either *814on direct appeal or pursuant to CPL article 440. Here, petitioner’s arguments in support of his application could have been raised…

2Cited by1 opinion

  1. People ex rel. Moore v. MillerAppellate Division of the Supreme Court of the State of New York · 1997

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