Legal Opinion

People ex rel. Collins v. New York State Department of Corrections & Community Supervision

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 2015Published

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), dated May 12, 2014 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus, contending that he was improperly sentenced as a persistent violent felony offender. We conclude that Supreme Court properly denied the petition. “Habeas corpus relief is unavailable where [,] [as here,] a claim could have been raised…

2Cases cited2 opinions

  1. Caroselli v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  2. People ex rel. Tislon v. RockAppellate Division of the Supreme Court of the State of New York · 2011

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