Legal Opinion
People ex rel. Abdul-Aziz v. Marshall
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2009PublishedCited by 6 opinions
1Opinion of the Court
“A writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by a postjudgment motion addressed to the court in which an underlying judgment of conviction was rendered” (People ex rel. Dushain v Ercole, 64 AD3d 669 [2009]; see People ex rel. Barnes v Fischer, 303 AD2d 526 [2003]). “Further, where, as here, a petitioner presents no fundamental constitutional or statutory claim that was not already reviewed on direct appeal or on his CPL 440.10 motion and would warrant departure from traditional, orderly process, the petition is…
2Cases cited3 opinions
- People ex rel. Almeyda v. SchultzAppellate Division of the Supreme Court of the State of New York · 2005
- People ex rel. Barnes v. FischerAppellate Division of the Supreme Court of the State of New York · 2003
- People ex rel. Dushain v. ErcoleAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- People ex rel. Lifrieri v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. Burgess v. ErcoleAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Bazil v. MarshallAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 2013
- People ex rel. Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 2013
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