Legal Opinion
People ex rel. Burgess v. Ercole
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2010PublishedCited by 5 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Dolan, J.), entered August 2, 2007, which, without a hearing, denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
“A writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by a postjudgment motion addressed to the court in which an underlying judgment of conviction was rendered” (People ex rel. Dushain v…
2Cases cited4 opinions
- People ex rel. Almeyda v. SchultzAppellate Division of the Supreme Court of the State of New York · 2005
- People ex rel. Barnes v. FischerAppellate Division of the Supreme Court of the State of New York · 2003
- People ex rel. Dushain v. ErcoleAppellate 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
3Cited by5 opinions
- People ex rel. Lifrieri v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Bazil v. MarshallAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 2013
- People ex rel. Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 2013
- People ex rel. Lifrieri v. LeeAppellate Division of the Supreme Court of the State of New York · 2014