Legal Opinion

People ex rel. Braxton v. Warden

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

Decided October 13, 1998PublishedCited by 3 opinions

1Opinion of the Court

In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Queens County (Pitaro, J.), dated July 31, 1995, which denied his application for the issuance of a writ.

Ordered that the order is affirmed, without costs or disbursements.

The petitioner’s contention that his indictment should be dismissed because he was denied his constitutional right to a speedy trial may not be raised in this habeas corpus proceeding, but rather could be raised as an issue on his appeal from his judgment of conviction (see, People ex rel. Chakwin v Warden, 63 NY2d 120; People ex rel.…

2Cases cited3 opinions

  1. People ex rel. Chakwin v. WardenNew York Court of Appeals · 1984
  2. People ex rel. McDonald v. Warden, New York City House of Detention for MenNew York Court of Appeals · 1974
  3. Kassebaum v. al-RahmanAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by3 opinions

  1. People ex rel. Allen v. MaribelAppellate Division of the Supreme Court of the State of New York · 2013
  2. People ex rel. La Joy v. BezrutczykAppellate Division of the Supreme Court of the State of New York · 2004
  3. People ex rel. Allen v. MaribelAppellate Division of the Supreme Court of the State of New York · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API