Legal Opinion

People ex rel. Smalls v. DeCiuceis

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

Decided March 18, 2002Published

1Opinion of the Court

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), entered January 16, 2001, which dismissed the proceeding.

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

The Supreme Court properly dismissed this habeas corpus proceeding, since it was not the appropriate vehicle for asserting the claims raised in the petition (see, People ex rel. Douglas v Vincent, 50 NY2d 901; People ex rel. Maldonado v Artuz, 267 AD2d 411; People ex rel. Smith v Hanslmaier, 237 AD2d 473; People ex rel. Benbow v Scully, 189 AD2d…

2Cases cited4 opinions

  1. People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
  2. People ex rel. Benbow v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
  3. People ex rel. Maldonado v. ArtuzAppellate Division of the Supreme Court of the State of New York · 1999
  4. People ex rel. Smith v. HanslmaierAppellate Division of the Supreme Court of the State of New York · 1997

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