Legal Opinion
People ex rel. Collins v. Billnier
Appellate Division of the Supreme Court of the State of New York
Decided September 22, 2011PublishedCited by 8 opinions
1Opinion of the Court
In 2009, petitioner, an inmate, made application for a writ of habeas corpus seeking release from prison, claiming that his detention is illegal because the penal statute under which he was convicted (People v Collins, 287 AD2d 271 [2001]) is unconstitutional. Supreme Court denied the application without a hearing. Petitioner’s appeal from that denial was originally filed in the Court of Appeals and then transferred to this Court.
We affirm. Notably, “habeas corpus relief is not an appropriate remedy for resolving claims that could have been . . . raised on direct appeal or in a postconviction…
2Cases cited4 opinions
- Collins v. ArtusDistrict Court, S.D. New York · 2007
- People ex rel. Lainfiesta v. LapeAppellate Division of the Supreme Court of the State of New York · 2011
- People ex rel. Ragland v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by8 opinions
- People ex rel. Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Williams v. CunninghamAppellate Division of the Supreme Court of the State of New York · 2013
- People ex rel. Backman v. WalshAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Weay v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2017
- People ex rel. Wright v. CovenyAppellate Division of the Supreme Court of the State of New York · 2020
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