People ex rel. Cropper v. Taylor
Cases that cite this one
4 later published cases cite this decision.
- People ex rel. Woodard v. Lape (Appellate Division of the Supreme Court of New York 2009)
- People ex rel. Morgan v. Behrle (Appellate Division of the Supreme Court of New York 2009)
- People ex rel. Malik v. State (Appellate Division of the Supreme Court of New York 2009)
- People ex rel. Porter v. Napoli (Appellate Division of the Supreme Court of New York 2008)
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 (Feldstein, J.), entered May 3, 2007 in St. Lawrence County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
A review of the petition reveals no issue that could not have been raised on direct appeal or in a collateral motion and, as such, his claims are not the proper subjects of this habeas corpus proceeding (see People ex rel. King v Bennett, 45 AD3d 1015, 1016 [2007]; People ex rel. Washington v Walsh, 43 AD3d 1217 [2007], lv denied 9 NY3d 816 [2007]). Moreover, inasmuch as petitioner would not be entitled to immediate release from prison even if his claims were successful, habeas corpus relief is unavailable here (see People ex rel. King v Bennett, supra; People ex rel. McDermott v Artus, 38 AD3d 957, 958 [2007], lv denied 8 NY3d 814 [2007]). Accordingly, we affirm.
Mercure, J.P, Carpinello, Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.