Legal Opinion
People ex rel. Mancuso v. Herbert
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied without a hearing the petition seeking a writ of habeas corpus. A petition should be denied without a hearing “[i]f it appears from the petition or the documents annexed thereto that the person is not illegally detained” (CPLR 7003 [a]). The issues raised by relator concerning the alleged Brady and Rosario violations and the alleged defective Grand Jury proceeding were, or could have been, raised on direct appeal or by a CPL article 440 motion (see, People ex rel. Abdullah v Walker, 199 AD2d 1074, lv…
2Cases cited3 opinions
- People ex rel. Rosado v. MilesAppellate Division of the Supreme Court of the State of New York · 1988
- People ex rel. Abdullah v. WalkerAppellate Division of the Supreme Court of the State of New York · 1993
- People v. MancusoAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- People ex rel. Minter v. EisenschmidtAppellate Division of the Supreme Court of the State of New York · 2002
- People ex rel. Brown v. MurrayAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Mammarello v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. McCoy v. FilionAppellate Division of the Supreme Court of the State of New York · 2002
- People ex rel. Baxter v. BerbaryAppellate Division of the Supreme Court of the State of New York · 2002