People ex rel. Silverio v. Miller
Cases that cite this one
4 later published cases cite this decision.
- People ex rel. Tislon v. Rock (Appellate Division of the Supreme Court of New York 2011)
- People ex rel. Hayden v. Senkowski (Appellate Division of the Supreme Court of New York 2003)
- People ex rel. Hall v. Campbell (Appellate Division of the Supreme Court of New York 2002)
- People ex rel. Smith v. Miller (Appellate Division of the Supreme Court of New York 2002)
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
—Appeal from a judgment of the Supreme Court (Kavanagh, J.),
Petitioner is serving a lengthy prison sentence after having been convicted of attempted murder, assault and several weapon-related crimes. He commenced this proceeding for a writ of habeas corpus alleging that his detention is unlawful due to procedural, evidentiary and constitutional errors which occurred during his prosecution. Supreme Court dismissed the application and we affirm.
Inasmuch as the issues advanced by petitioner could have been raised on his direct appeal or in a CPL article 440 motion, we find that habeas corpus relief is unavailable (see, People ex rel. Cano v Kuhlmann, 278 AD2d 632, lv denied 96 NY2d 706; People ex rel. Spencer v Miller, 277 AD2d 551). Moreover, we perceive no circumstances warranting a departure from orderly procedure and, accordingly, the application for a writ of habeas corpus was properly denied (see, People ex rel. Spencer v Miller, supra).
Mercure, J. P., Crew III, Peters, Carpinello and Mugglin, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.