People ex rel. Van Patten v. Walker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court properly dismissed relator’s habeas corpus petition because the only issues raised in the petition either were or could have been raised on the direct appeal from the judgment of conviction or by way of a motion pursuant to CPL article 440 (see, People ex *1059rel. Douglas v Vincent, 50 NY2d 901, 903, affg for reasons stated 67 AD2d 587, 589; People ex rel. Lamberty v Kuhlmann, 165 AD2d 922; People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702). (Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J.—Habeas…
2Cases cited4 opinions
- 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. Grady v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1989
- People ex rel. Lamberty v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- People ex rel. Batista v. WalkerAppellate Division of the Supreme Court of the State of New York · 1993
- People ex rel. St. Germain v. WalkerAppellate Division of the Supreme Court of the State of New York · 1994
- People ex rel. Abdullah v. WalkerAppellate Division of the Supreme Court of the State of New York · 1993
- People ex rel. Cottrell v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1992
- People ex rel. Thomas v. DrayAppellate Division of the Supreme Court of the State of New York · 1993