Appellate Division of the Supreme Court of New York, 2003

People ex rel. Gloss v. Costello

Appellate Division of the Supreme Court of New York · Decided October 2, 2003

309 A.D.2d 1160; 764 N.Y.S.2d 895; 2003 N.Y. App. Div. LEXIS 10032

Cases that cite this one

14 later published cases cite this decision.

VAN NORSTRAND, GLENN E. v. GRAHAM, HAROLD D. (Appellate Division of the Supreme Court of New York 2011)
People ex rel. Van Norstrand v. Graham (Appellate Division of the Supreme Court of New York 2011)
LEWIS, NATHAN v. GRAHAM, HAROLD D. (Appellate Division of the Supreme Court of New York 2012)
People ex rel. Lewis v. Graham (Appellate Division of the Supreme Court of New York 2012)
People ex rel. Lewis v. Graham (Appellate Division of the Supreme Court of New York 2012)
People ex rel. McDaniels v. Corcoran (Appellate Division of the Supreme Court of New York 2010)
People ex rel. Hinton v. Graham (Appellate Division of the Supreme Court of New York 2009)
People ex rel. Almodovar v. Berbary (Appellate Division of the Supreme Court of New York 2009)
People ex rel. Griffin v. New York State Divivision of Parole (Appellate Division of the Supreme Court of New York 2008)
People ex rel. Dudley v. Unger (Appellate Division of the Supreme Court of New York 2008)
People ex rel. Forsythe v. Poole (Appellate Division of the Supreme Court of New York 2008)
People ex rel. Elkady v. Conway (Appellate Division of the Supreme Court of New York 2007)
People ex rel. Carpenter v. Corcoran (Appellate Division of the Supreme Court of New York 2007)
People ex rel. Bernzott v. Murray (Appellate Division of the Supreme Court of New York 2004)

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 (denominated order) of Supreme Court, Oneida County (Parker, J.), entered September 4, 2001, which dismissed the petition for a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus because the issues raised therein either were raised or could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 (see People ex rel. Mammarello v Donnelly, 286 AD2d 937 [2001]; People ex rel. Woods v Walker, 283 AD2d 991, 991-992 [2001], appeal dismissed and lv denied 96 NY2d 928 [2001]). Moreover, the court properly dismissed the petition because habeas corpus relief does not lie where petitioner would not be *1161entitled to immediate release even if his contentions had merit (see People ex rel. Beam v Hodges, 286 AD2d 936, 937 [2001]; Mammarello, 286 AD2d at 937; People ex rel. Santoro v Hollins, 273 AD2d 829 [2000]). Because “the petition ‘lacked any justiciable basis upon which a writ of habeas corpus could be sustained,’ ” the court did not abuse its discretion in denying petitioner’s application for assigned counsel (People ex rel. Brown v Murray, 284 AD2d 987, 988 [2001], quoting People ex rel. Washington v La Vallee, 34 AD2d 603, 603 [1970], lv denied 27 NY2d 481 [1970]). Present — Pigott, Jr., P.J., Green, Gorski, Lawton and Hayes, JJ.

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