Legal Opinion
People ex rel. Graham v. McClellan
Appellate Division of the Supreme Court of the State of New York
Decided April 2, 1992PublishedCited by 2 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Swartwood, J.), entered December 7, 1990 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this habeas corpus proceeding arguing that his confession should have been suppressed as the product of a warrantless arrest. Because a writ of habeas corpus is not generally available to raise issues which were or could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Woodard v Berry, 143 AD2d…
2Cases cited6 opinions
- People ex rel. Rosado v. MilesAppellate Division of the Supreme Court of the State of New York · 1988
- People ex rel. Grady v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1989
- People ex rel. Woodard v. BerryAppellate Division of the Supreme Court of the State of New York · 1988
- People ex rel. Williams v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985
- People ex rel. Avery v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- zAppellate Division of the Supreme Court of the State of New York · 1997
- People ex rel Mosqueda v. HanslmaierAppellate Division of the Supreme Court of the State of New York · 1995