Appellate Division of the Supreme Court of New York, 2001

People ex rel. Pangburn v. Hodges

Appellate Division of the Supreme Court of New York · Decided March 21, 2001

281 A.D.2d 973; 722 N.Y.S.2d 211; 2001 N.Y. App. Div. LEXIS 2848

Cases that cite this one

3 later published cases cite this decision.

People ex rel. Smith v. Irvin (Appellate Division of the Supreme Court of New York 2001)
People ex rel. Mammarello v. Donnelly (Appellate Division of the Supreme Court of New York 2001)
People ex rel. Victory v. Travis (Appellate Division of the Supreme Court of New York 2001)

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

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. Because the contentions raised in *974the petition “could have been raised on direct appeal or pursuant to CPL article 440, habeas corpus is not an appropriate remedy” (People ex rel. Batista v Walker, 198 AD2d 865, lv denied 83 NY2d 752). The remaining contentions in petitioner’s appellate brief were not raised in the petition and therefore are not properly before us (see, People ex rel. McWhinney v Smith, 219 AD2d 879; People ex rel. Morgan v Berry, 149 AD2d 752). (Appeal from Judgment of Supreme Court, Erie County, D’Amico, J. — Habeas Corpus.) Present — Green, J. P., Wisner, Hurlbutt and Burns, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.