People ex rel. Burr v. Duncan
Cases that cite this one
3 later published cases cite this decision.
- People ex rel. Lopez v. Keane (Appellate Division of the Supreme Court of New York 2002)
- People ex rel. Harris v. Fischer (Appellate Division of the Supreme Court of New York 2008)
- People ex rel. Brown v. People (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 (Hemmett, Jr., J.), entered March 28, 2001 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this proceeding for a writ of habeas corpus asserting that he is unlawfully detained because his certificate of conviction is deficient. We agree with Supreme Court’s determination that, inasmuch as petitioner could have advanced this argument either on his direct appeal or by way of a motion pursuant to CPL article 440 in the court of original jurisdiction, habeas corpus is not the proper remedy (see, Matter of Lebron v Herbert, 287 AD2d 917; People ex rel. Patterson v Lacy, 276 AD2d 961). Moreover, even if petitioner were successful in his argument, he would not be entitled to immediate release from prison (see, Matter of Lebron v Herbert, supra). Accordingly, habeas corpus relief is unavailable to petitioner.
Mercure, J. P., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.