Appellate Division of the Supreme Court of New York, 1965

People ex rel. Graham v. Wilkins

People ex rel. Graham v. Wilkins
Appellate Division of the Supreme Court of New York · Decided January 25, 1965
23 A.D.2d 523; 1965 N.Y. App. Div. LEXIS 5009
People ex rel. Graham v. Wilkins

Opinion of the Court

Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied. The issue of the voluntariness of a confession cannot be entertained in a habeas corpus proceeding. The remedy is by way of application in the nature of a writ of error coram no'bis to the trial court (People v. Huntley, 15 N Y 2d 72). The petition is otherwise insufficient on its face. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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