Legal Opinion

People ex rel. Llyod v. Keane

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

Decided November 14, 1994PublishedCited by 2 opinions

1Opinion of the Court

—In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (LaCava, J.), dated December 22, 1993, which dismissed the proceeding.

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

Although it is well settled that a habeas corpus proceeding is a procedural tool " ' of * * * great flexibility and vague scope’ ” (People ex rel. Keitt v McMann, 18 NY2d 257, 263, quoting 1959 NY Legis Doc No. 17, at 49), it is also well settled that such a proceeding may not be used to seek review of questions already passed upon, or absent…

2Cases cited2 opinions

  1. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  2. People ex rel. Benbow v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by2 opinions

  1. People ex rel. Almeyda v. SchultzAppellate Division of the Supreme Court of the State of New York · 2005
  2. People ex rel. Kahn v. KeaneAppellate Division of the Supreme Court of the State of New York · 1995

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