Legal Opinion

People ex rel. Backman v. Walsh

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

Decided December 13, 2012Published

1Opinion of the Court

“Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature” (People ex rel. Hemphill v Rock, 95 AD3d 1579, 1579 [2012] [internal quotation marks and citations omitted]; see People ex rel. Chapman v LaClair, 64 AD3d 1026, 1026 [2009], lv denied 13 NY3d 712 [2009]). The record discloses no extraordinary circumstances that would warrant departure from traditional orderly procedure (see People ex rel. Collins v Billnier, 87 AD3d 1208, 1209 [2011], lv denied…

2Cases cited3 opinions

  1. People ex rel. Chapman v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009
  2. People ex rel. Collins v. BillnierAppellate Division of the Supreme Court of the State of New York · 2011
  3. People ex rel. Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 2012

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