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People ex Rel. Brady v. Scully

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 419 (N.Y. App. Div. 1985)

Opinion

May 28, 1985

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).


Judgment affirmed, without costs or disbursements.

No factual or legal basis has been alleged which would render the indictment underlying petitioner's conviction jurisdictionally defective ( cf. People ex rel. Sales v. LeFevre, 93 A.D.2d 945, lv denied 60 N.Y.2d 558). Moreover, since all of the remaining issues either could have been raised on direct appeal or on a motion pursuant to CPL article 440, or would not result in petitioner's immediate release, habeas corpus is not an appropriate remedy ( see, People ex rel. Kaplan v. Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 649; People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903; People ex rel. Taylor v Commissioner of Correction, 100 A.D.2d 525; People ex rel. Myers v. Dalsheim, 97 A.D.2d 447, lv denied 61 N.Y.2d 601; People ex rel. Sales v. LeFevre, supra; People ex rel. Hall v. LeFevre, 92 A.D.2d 956, affd 60 N.Y.2d 579). Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.


Summaries of

People ex Rel. Brady v. Scully

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 419 (N.Y. App. Div. 1985)
Case details for

People ex Rel. Brady v. Scully

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HAROLD BRADY, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 28, 1985

Citations

111 A.D.2d 419 (N.Y. App. Div. 1985)

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