Legal Opinion
People ex rel. Bazil v. Marshall
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 2010PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Adler, J.), entered May 6, 2009, 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” (People ex rel. Dushain v…
2Cases cited12 opinions
- People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
- People ex rel. Van Steenburg v. WasserAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Hall v. RockAppellate Division of the Supreme Court of the State of New York · 2010
- 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
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People ex rel. Lifrieri v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Gordon v. HeathAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Gordon v. HeathAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Lifrieri v. LeeAppellate Division of the Supreme Court of the State of New York · 2014