Legal Opinion

People ex rel. Mitchell v. Cully

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

Decided June 12, 2009PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered November 22, 2006 in a habeas corpus proceeding. The judgment dismissed the petition.

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

Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. Petitioner has not yet perfected his appeal to the Appellate Division, Third Department, and he raises issues that may either be raised on that appeal or by way of a motion pursuant to CPL article 440 (see People ex…

2Cases cited5 opinions

  1. People ex rel. Malik v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  2. People ex rel. Encarnacion v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2003
  3. People ex rel. Jackson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1998
  4. People ex rel. Vasquez v. McCoyAppellate Division of the Supreme Court of the State of New York · 2001
  5. People ex rel. Woods v. WalkerAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by9 opinions

  1. CAMPBELL, ERICK M. v. J. COLVIN, SUPERINTENDENTAppellate Division of the Supreme Court of the State of New York · 2017
  2. NOLLEY, QUINCY v. ANNUCCI, ANTHONYAppellate Division of the Supreme Court of the State of New York · 2016
  3. PEOPLES v. NEW YORK STATE DEPT OF CORRECTIONAppellate Division of the Supreme Court of the State of New York · 2014
  4. People ex rel. Campbell v. ColvinAppellate Division of the Supreme Court of the State of New York · 2017
  5. People ex rel. Campbell v. ColvinAppellate Division of the Supreme Court of the State of New York · 2017

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