Legal Opinion
Tullis v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1989PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Special Term properly dismissed the petition seeking a writ of habeas corpus because it failed to comply with the procedural requirements of CPLR 7002 (c) (see, People ex rel. Artese v New York State Bd. of Parole, 54 AD2d 1047; People ex rel. Kagan v La Vallee, 49 AD2d 986). In addition, habeas corpus is not an appropriate remedy. The contentions raised by petitioner could have been reviewed on his direct appeal or on a motion brought pursuant to CPL article 440 in the court of conviction (see, People ex rel. Goss v Smith, 69 NY2d 727, affg 116 AD2d…
2Cases cited11 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People Ex Rel. Goss v. SmithNew York Court of Appeals · 1987
- People ex rel. Thomas v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Nelson v. ScullyAppellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. Brady v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People ex rel. Rodriguez v. HokeAppellate Division of the Supreme Court of the State of New York · 1990
- People ex rel. Malik v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2000
- People ex rel. McDuffy v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992