Legal Opinion
People ex rel. Patterson v. Senkowski
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 1991PublishedCited by 3 opinions
1Opinion of the Court
— Appeal from a judgment of the Supreme Court (Lewis, J.), entered August 17, 1990 in Clinton 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 seeking his release from prison on the ground that the indictment underlying his murder convictions was defective. Habeas corpus is not a proper remedy where the allegations in the petition could have been raised either in a CPL article 440 motion or on direct appeal (see, People ex rel. Woodard v Berry, 143 AD2d…
2Cases cited5 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. Barnes v. SmithAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Stewart v. PeopleAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by3 opinions
- People ex rel. Gonzalez v. BennettAppellate Division of the Supreme Court of the State of New York · 1999
- People ex rel. Bentley v. ScullyAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Hendy v. ShriverAppellate Division of the Supreme Court of the State of New York · 1998