Legal Opinion
People ex rel. Barnes v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 2003PublishedCited by 9 opinions
1Opinion of the Court
—In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Westchester County (Lange, J.), entered October 31, 2001, which denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, without costs or disbursements.
A “writ of habeas corpus may not be used to review questions already decided or, absent reasons of practicality and necessity, questions that could have been raised by direct appeal or by a collateral attack in the court of the petitioner’s conviction” (People ex rel. Pearson v Garvin, 211 AD2d 690, 691 [1995]; see People ex…
2Cases cited3 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- 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
3Cited by9 opinions
- People ex rel. Almeyda v. SchultzAppellate Division of the Supreme Court of the State of New York · 2005
- People ex rel. Bedell v. ErcoleAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Dushain v. ErcoleAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Vogelfang v. PerezAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Abdul-Aziz v. MarshallAppellate Division of the Supreme Court of the State of New York · 2009
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