Legal Opinion
People ex rel. Goss v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1986PublishedCited by 6 opinions
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Relator was convicted of attempted murder and related offenses. He claims that the indictment underlying these charges should have been dismissed pursuant to CPL 730.50 (4) once an order was issued directing the Commissioner of Mental Hygiene to release or civilly commit him. Relator, however, neither moved to dismiss the indictment on this ground (see, CPL 210.20 [1] [a], [h]; [3]), nor raised the issue on a prior appeal (People v Goss, 88 AD2d 1111). A writ of habeas corpus is inappropriate to review issues which could have been raised on appeal…
2Cases cited4 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
- People ex rel. Douglas v. VincentAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Barnes v. SmithAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- People ex. rel. Grant v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
- People ex rel. Bentley v. ScullyAppellate Division of the Supreme Court of the State of New York · 1991
- Tullis v. KellyAppellate Division of the Supreme Court of the State of New York · 1989
- People ex rel. Dorsey v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
- People ex rel. McDuffy v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
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