Appellate Division of the Supreme Court of New York, 1990

People ex rel. Kitchen v. White

People ex rel. Kitchen v. White
Appellate Division of the Supreme Court of New York · Decided February 27, 1990
158 A.D.2d 437; 552 N.Y.S.2d 9; 1990 N.Y. App. Div. LEXIS 2111
People ex rel. Kitchen v. White

Opinion of the Court

After a bench trial, appellant was convicted of criminal possession of a weapon, in the third degree and criminal possession of a controlled substance in the seventh degree. He thereafter brought a petition for a writ of habeas corpus claiming that he had been denied his statutory right to testify before the Grand Jury. A writ of habeas corpus is an inappropriate method to review issues which may be raised on direct appeal. (People ex rel. Goss v Smith, 69 NY2d 727.) Concur— Sullivan, J. P., Carro, Rosenberger, Ellerin and Smith, JJ.

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