Legal Opinion

People ex rel. Backman v. Walsh

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

Decided December 13, 2012PublishedCited by 1 opinion

1Opinion of the Court

“Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature” (People ex rel. Hemphill v Rock, 95 AD3d 1579, 1579 [2012] [internal quotation marks and citations omitted]; see People ex rel. Chapman v LaClair, 64 AD3d 1026, 1026 [2009], lv denied 13 NY3d 712 [2009]). The record discloses no extraordinary circumstances that would warrant departure from traditional orderly procedure (see People ex rel. Collins v Billnier, 87 AD3d 1208, 1209 [2011], lv denied…

2Cases cited3 opinions

  1. People ex rel. Chapman v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009
  2. People ex rel. Collins v. BillnierAppellate Division of the Supreme Court of the State of New York · 2011
  3. People ex rel. Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by1 opinion

  1. People ex rel. Chaney v. DagostinoAppellate Division of the Supreme Court of the State of New York · 2016

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