Legal Opinion
People ex rel. Batista v. Walker
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1993PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Because relator’s argument that the indictment was jurisdictionally defective could have been raised on direct appeal or pursuant to CPL article 440, habeas corpus is not an appropriate remedy (see, People ex rel. Douglas v Vincent, 50 NY2d 901, 903, affg for reasons stated 67 AD2d 587; People ex rel. Van Patten v Walker, 174 AD2d 1058; People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702; People ex rel. Frazier v Coombe, 87 AD2d 904). (Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J. — Habeas Corpus.) Present —…
2Cases cited5 opinions
- People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
- People ex rel. Douglas v. VincentAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Frazier v. CoombeAppellate Division of the Supreme Court of the State of New York · 1982
- People ex rel. Grady v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1989
- People ex rel. Van Patten v. WalkerAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by8 opinions
- People ex rel. Brown v. MurrayAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Pangburn v. HodgesAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Hargrove v. StrackAppellate Division of the Supreme Court of the State of New York · 1996
- People ex rel. Mancuso v. HerbertAppellate Division of the Supreme Court of the State of New York · 2000
- People ex rel. Paxhia v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2002
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