People ex rel. Dushain v. Ercole
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a habeas corpus proceeding pursuant to CPLR article 70, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Brands, J.), dated November 7, 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 (see People ex rel. Almeyda v Schultz, 18 AD3d…
2Cases cited6 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
- 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
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People ex rel. Abdul-Aziz v. MarshallAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Lifrieri v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Burgess v. ErcoleAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Bazil v. MarshallAppellate Division of the Supreme Court of the State of New York · 2010
- People Ex Rel. Cassar Ex Rel. Medrano v. MargiottaAppellate Division of the Supreme Court of the State of New York · 2017
3 more not listed; retrieve them via the Exa API.