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People v. Ercole

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


March 9, 2010

THE PEOPLE, ETC., EX REL. TIMOTHY BEDELL, APPELLANT,
v.
ROBERT ERCOLE, ETC., RESPONDENT.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Duchess County (Sammarco, J.), dated August 6, 2008, which, without a hearing, 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.

PETER B. SKELOS, J.P., ANITA R. FLORIO, L. PRISCILLA HALL and LEONARD B. AUSTIN, JJ.

(Ind. No. 6343/07)

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 post-judgment motion in the court where the conviction occurred (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). The allegations in the petition do not warrant a departure from traditional orderly procedure (see People ex rel. Keitt v McMann, 18 NY2d 257; CPL 210.30[6]).

The petitioner's remaining contentions are unpreserved for appellate review.

SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.

20100309

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