Legal Opinion

People ex rel. Lifrieri v. Lee

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

Decided April 2, 2014Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County (Brands, J.), dated November 7, 2011, which, without a hearing, denied the petition and dismissed the proceeding.

Ordered that the order and 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…

2Cases cited8 opinions

  1. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  2. People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
  3. People ex rel. Hall v. RockAppellate Division of the Supreme Court of the State of New York · 2010
  4. People ex rel. Bedell v. ErcoleAppellate Division of the Supreme Court of the State of New York · 2010
  5. People ex rel. Dushain v. ErcoleAppellate Division of the Supreme Court of the State of New York · 2009

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