Legal Opinion
People ex rel. Bedell v. Ercole
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 2010PublishedCited by 9 opinions
1Opinion of the Court
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Duchess County (Sammarco, J.), dated August 6, 2008, which, without a hearing, 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 post-judgment motion in the court where the conviction occurred (see People ex rel. Almeyda v Schultz, 18 AD3d 582 [2005]; People ex rel. Barnes v Fischer, 303 AD2d 526 [2003]; People ex rel. Pearson v…
2Cases cited5 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- 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
- People ex rel. Moore v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by9 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. Nelson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2014
- Fratello v. FratelloAppellate Division of the Supreme Court of the State of New York · 2011
- People ex rel. Lifrieri v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
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