Legal Opinion
People ex rel. Rodriguez v. Kuhlmann
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1997PublishedCited by 6 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Kane, J.), entered June 27, 1996 in Sullivan County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner applied for habeas corpus relief contending that the indictment which led to his conviction was jurisdictionally defective in that it was based upon testimony which the People knew was false. Habeas corpus relief is unavailable in this case given that petitioner’s contentions could have been raised on his direct appeal or, more appropriately, in a motion…
2Cases cited3 opinions
- Silber v. SilberNew York Court of Appeals · 1995
- People ex rel. Murphy v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1994
- People ex rel. Vann v. BartlettAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- People ex rel. Curry v. GirdichAppellate Division of the Supreme Court of the State of New York · 2002
- People ex rel. Brown v. Commissioner of New York State Department of CorrectionalAppellate Division of the Supreme Court of the State of New York · 1998
- People ex rel. Moore v. MillerAppellate Division of the Supreme Court of the State of New York · 1997
- People ex rel. McCallister v. McGinnisAppellate Division of the Supreme Court of the State of New York · 1998
- People ex rel. Hendy v. ShriverAppellate Division of the Supreme Court of the State of New York · 1998
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