Appellate Division of the Supreme Court of New York, 1995

People ex rel Mosqueda v. Hanslmaier

People ex rel Mosqueda v. Hanslmaier
Appellate Division of the Supreme Court of New York · Decided February 9, 1995 · Casey
212 A.D.2d 882; 623 N.Y.S.2d 164; 1995 N.Y. App. Div. LEXIS 1363
People ex rel Mosqueda v. Hanslmaier

Opinion of the Court

Casey, J.

Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner failed to establish that a writ of habeas corpus is the appropriate remedy for the claims which arise out of his prior conviction (see, People ex rel. Graham v McClellan, 182 AD2d 872, appeal dismissed 80 NY2d 892).

Mikoll, J. P., Mercure, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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