People ex rel. Minter v. Eisenschmidt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from a judgment (denominated order) of Supreme Court, Seneca County (Bender, J.), entered December 26, 2000, which dismissed the petition seeking a writ of habeas corpus.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. The issue raised in the petition could be raised on direct appeal or by a CPL article *940440 motion, and thus the remedy of habeas corpus is not available (see Matter of Roberts v County Court of Wyoming County,…
2Cases cited6 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- Roberts v. County Court of Wyoming CountyNew York Court of Appeals · 1974
- Roberts v. County Court of Wyoming CountyAppellate Division of the Supreme Court of the State of New York · 1972
- People ex rel. Mancuso v. HerbertAppellate Division of the Supreme Court of the State of New York · 1998
- People ex rel. Abdullah v. WalkerAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by6 opinions
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- People ex rel. Forsythe v. PooleAppellate Division of the Supreme Court of the State of New York · 2008
- People ex rel. Martinez v. GrahamAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Tumminia v. GriffinAppellate Division of the Supreme Court of the State of New York · 2014
1 more not listed; retrieve them via the Exa API.