Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

People v. Ercole

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


July 14, 2009

THE PEOPLE, ETC., EX REL. CARL DUSHAIN, APPELLANT,
v.
ROBERT E. ERCOLE, ETC., RESPONDENT.

In a habeas corpus proceeding pursuant to CPLR article 70, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Brands, J.), dated November 7, 2007, which, without a hearing, denied the petition and dismissed the proceeding.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

ROBERT A. SPOLZINO, J.P., DANIEL D. ANGIOLILLO, CHERYL E. CHAMBERS & PLUMMER E. LOTT, JJ.

(Index No. 5157/07)

DECISION & ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

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 (see People ex rel. Almeyda v Schultz, 18 AD3d 582; People ex rel. Barnes v Fischer, 303 AD2d 526; People ex rel. Pearson v Garvin, 211 AD2d 690, 691; People ex rel. Moore v Scully, 189 AD2d 845; People ex rel. Benbow v Scully, 189 AD2d 844). The allegations in the petition do not warrant departure from traditional orderly procedure (see People ex rel. Keitt v McMann, 18 NY2d 257, 262; see also CPL 210.30[6]).

SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

20090714

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.