People ex rel. Vogelfang v. Perez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (DiBella, J.), entered April 3, 2008, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
The proceeding was properly dismissed. A writ of habeas corpus may not be used to review issues already decided or, absent reasons of practicality and necessity, issues that could have been raised by direct appeal or by a collateral attack in the court of the petitioner’s conviction (see People ex rel. Barnes v Fischer, 303…
2Cases cited6 opinions
- People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
- People ex rel. Douglas v. VincentAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Benbow v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
- People ex rel. Pearson v. GarvinAppellate Division of the Supreme Court of the State of New York · 1995
- People ex rel. Barnes v. FischerAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People ex rel. Nelson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2014
- Fratello v. FratelloAppellate Division of the Supreme Court of the State of New York · 2011
- People Ex Rel. Brill Ex Rel. Ryan v. SposatoAppellate Division of the Supreme Court of the State of New York · 2017
- People ex rel. Nelson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Nolletti v. CheverkoAppellate Division of the Supreme Court of the State of New York · 2010
2 more not listed; retrieve them via the Exa API.