People ex rel. Addison v. Smith
Appellate Division of the Supreme Court of the State of New York
1DissentCallahan, J.
On this appeal from a dismissal of his writ of habeas corpus without a hearing, relator contends that he was unlawfully tried and convicted of first degree robbery and that because of an unreasonably long delay in completing the stenographic trial record for appeal, habeas corpus is the proper remedy in which to assert violations of his statutory and constitutional rights. Habeas corpus may not be utilized as a substitute for appeal to review an error allegedly committed at the trial. "Departure from traditional orderly proceedings, such as appeal, should be permitted only when dictated * * *…
2Cases cited7 opinions
- People v. GrierNew York Court of Appeals · 1975
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People v. AcevedoNew York Court of Appeals · 1976
- People v. CarbonellNew York Court of Appeals · 1976
- People ex rel. Lee v. SmithAppellate Division of the Supreme Court of the State of New York · 1977
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