Legal Opinion
People ex rel. Spencer v. Burge
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 2003PublishedCited by 3 opinions
1Opinion of the Court
Appeal from a judgment (denominated order) of Supreme Court, Cayuga County (Corning, J.), entered May 21, 2002, which dismissed the petition seeking a writ of habeas corpus.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly dismissed the peti*773tion seeking a writ of habeas corpus. “Habeas corpus relief is not a proper remedy where the issues raised in the petition were, or could have been, raised on direct appeal or by a CPL article 440 motion” (People ex rel. Abdullah v Walker, 199 AD2d 1074,…
2Cases cited5 opinions
- People ex rel. Woodard v. BerryAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Vess v. ValleeAppellate Division of the Supreme Court of the State of New York · 1977
- People ex rel. Spencer v. MillerAppellate Division of the Supreme Court of the State of New York · 2000
- People ex rel. Yusuf Abdul Alim v. SmithAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by3 opinions
- People ex rel. Elkady v. ConwayAppellate Division of the Supreme Court of the State of New York · 2007
- People ex rel. Reed v. TravisAppellate Division of the Supreme Court of the State of New York · 2004
- People ex rel. Gloss v. MurrayAppellate Division of the Supreme Court of the State of New York · 2006