People ex rel. Melvin v. Warden Orange County Jail
Cases that cite this one
2 later published cases cite this decision.
- People ex rel. Shirley X.S. v. Forrest R. (Appellate Division of the Supreme Court of New York 2012)
- People ex rel. Williams v. Scully (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Orange County (Buell, J.), dated September 27, 1982, which dismissed the writ. Judgment affirmed, without costs or disbursements. It is well settled that habeas corpus is not to serve as a substitute for an appeal (see, e.g., People ex rel. Frazier v Coombe, 87 AD2d 904). The issues raised by petitioner in his application for habeas corpus relief can be developed in his appeal from the judgment of conviction. Accordingly, we hold that it was not improper for the Supreme Court, Orange County, to dismiss the writ without a hearing. Damiani, J. P., Weinstein, Niehoff and Boyers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.