Legal Opinion
People ex rel. Hemphill v. Rock
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 2012PublishedCited by 8 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 8, 2011 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner, an inmate, commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming, among other things, that his arrest was unlawful and the underlying indictment is flawed. Supreme Court denied the application without a hearing. Petitioner appeals, and we affirm. “Habeas corpus relief is not an appropriate remedy for asserting claims that…
2Cases cited3 opinions
- People ex rel. Burr v. RockAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Collins v. BillnierAppellate Division of the Supreme Court of the State of New York · 2011
- People ex rel. Lainfiesta v. LapeAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by8 opinions
- People ex rel. Williams v. CunninghamAppellate Division of the Supreme Court of the State of New York · 2013
- People ex rel. Backman v. WalshAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Wright v. CovenyAppellate Division of the Supreme Court of the State of New York · 2020
- People ex rel. Backman v. WalshAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Lashway v. ThomasAppellate Division of the Supreme Court of the State of New York · 2013
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