Legal Opinion
People ex rel. Riley v. Bradt
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2012PublishedCited by 7 opinions
1Opinion of the Court
We affirm. It is well settled that habeas corpus relief is not the proper remedy to address matters that could have been raised on direct appeal or in a CPL article 440 motion (see People ex rel. Hall v Bradt, 85 AD3d 1422, 1422 [2011]; People ex rel. Berry v LaClair, 65 AD3d 1428 [2009]). Petitioner here challenges the subject matter jurisdiction of the trial court, claiming that the indictment was defective because it was not properly filed in accordance with CPL 210.05. Inasmuch as this jurisdictional claim could have been raised on direct appeal or in a CPL article 440 motion, Supreme…
2Cases cited5 opinions
- People ex rel. Chapman v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Alvarez v. WestAppellate Division of the Supreme Court of the State of New York · 2005
- People ex rel. Hall v. BradtAppellate Division of the Supreme Court of the State of New York · 2011
- People ex rel. Berry v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Ward v. CorcoranAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by7 opinions
- People ex rel. Fauntleroy v. RockAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Franza v. SheahanAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Albert v. RacetteAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Albert v. RacetteAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Fauntleroy v. RockAppellate Division of the Supreme Court of the State of New York · 2014
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