People ex rel. Chaney v. Dagostino
Cases that cite this one
2 later published cases cite this decision.
- People ex rel. Dixon v. Superintendent of E. Corr. Facility (Appellate Division of the Supreme Court of New York 2020)
- People ex rel. D'Amico v. Lilley (Appellate Division of the Supreme Court of New York 2017)
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
Appeal from a judgment of the Supreme Court (Kramer, J.), entered February 9, 2015 in Schenectady County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.
Supreme Court properly dismissed petitioner’s application for a writ of habeas corpus. The contentions raised by petitioner, including those that are jurisdictional in nature, could be raised upon direct appeal of his conviction or in a CPL article 440 motion (see People ex rel. Williams v Cunningham, 106 AD3d 1303, 1304 [2013]; People ex rel. Backman v Walsh, 101 AD3d 1316, 1316 [2012], lv denied 20 NY3d 863 [2013]). As we find no reason to depart from traditional orderly procedure, Supreme Court’s order denying petitioner’s application will not be disturbed (see People ex rel. Williams v Cunningham, 106 AD3d at 1304).
Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.