People ex rel. Hemphill v. Rock
Cases that cite this one
8 later published cases cite this decision.
- People ex rel. West v. Coveny (Appellate Division of the Supreme Court of New York 2020)
- People ex rel. Wright v. Coveny (Appellate Division of the Supreme Court of New York 2020)
- People ex rel. Williams v. Cunningham (Appellate Division of the Supreme Court of New York 2013)
- People ex rel. Williams v. Cunningham (Appellate Division of the Supreme Court of New York 2013)
- People ex rel. Lashway v. Thomas (Appellate Division of the Supreme Court of New York 2013)
- People ex rel. Lashway v. Thomas (Appellate Division of the Supreme Court of New York 2013)
- People ex rel. Backman v. Walsh (Appellate Division of the Supreme Court of New York 2012)
- People ex rel. Backman v. Walsh (Appellate Division of the Supreme Court of New York 2012)
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 July 8, 2011 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner, an inmate, commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming, among other things, that his arrest was unlawful and the underlying indictment is flawed. Supreme Court denied the application without a hearing. Petitioner appeals, and we affirm. “Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL 440 motion, even if they are jurisdictional in nature” (People ex rel. Burr v Rock, 93 AD3d 977, 977 [2012] [citations omitted]; see People ex rel. Lainfiesta v Lape, 83 AD3d 1303, 1303 [2011], lv denied 17 NY3d 708 [2011]). Inasmuch as no sound reason to depart from traditional orderly procedure has been presented (see People ex rel. Collins v Billnier, 87 AD3d 1208, 1209 [2011], Iv denied 18 NY3d 802 [2011]), we find no basis to disturb the denial of petitioner’s application.
Peters, PJ., Spain, Malone Jr., McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.