Appellate Division of the Supreme Court of New York, 1977

People ex rel. Schaurer v. Fogg

People ex rel. Schaurer v. Fogg
Appellate Division of the Supreme Court of New York · Decided August 11, 1977
59 A.D.2d 1072; 400 N.Y.S.2d 7; 1977 N.Y. App. Div. LEXIS 14364
People ex rel. Schaurer v. Fogg

Opinion of the Court

Application by petitioner for a writ of habeas corpus. Application denied. The petitioner is presently under custody pursuant to a sentence of the County Court, Monroe County, rendered February 9, 1977. The judgment is presently on appeal to the Appellate Division, Fourth Department. The writ of habeas corpus is not a substitute for an appeal (cf. CPL 210.30, subd 6). If the matter sought to be passed upon by means of a writ of habeas corpus is not permitted under a direct appeal, it follows that it is not reviewable by indirection, i.e., habeas corpus. Gulotta, P. J., Cohalan, Mollen and O’Connor, JJ., concur.

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