From Casetext: Smarter Legal Research

People ex Rel. Patterson v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Aug 22, 1991
175 A.D.2d 957 (N.Y. App. Div. 1991)

Opinion

August 22, 1991

Appeal from the Supreme Court, Clinton County (Lewis, J.).


Petitioner commenced this habeas corpus proceeding seeking his release from prison on the ground that the indictment underlying his murder convictions was defective. Habeas corpus is not a proper remedy where the allegations in the petition could have been raised either in a CPL article 440 motion or on direct appeal (see, People ex rel. Woodard v Berry, 143 A.D.2d 457, 458, lv denied 73 N.Y.2d 705; People ex rel. Rosado v Miles, 138 A.D.2d 808). Petitioner not only admits in his brief that the error he now raises was not raised on his direct appeal, but he fails to give any reason why he did not do so (see, People ex rel. Barnes v Smith, 70 A.D.2d 764). In addition, the allegations in his petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 A.D.2d 850, lv denied 75 N.Y.2d 702). In any event, inasmuch as petitioner is only challenging his murder convictions and not any other conviction arising under the same indictment for which he is also imprisoned, he is not entitled to immediate release; therefore, habeas corpus is not an appropriate remedy (see, People ex rel. Stewart v People, 143 A.D.2d 1068, 1069).

Mahoney, P.J., Casey, Mikoll, Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

People ex Rel. Patterson v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Aug 22, 1991
175 A.D.2d 957 (N.Y. App. Div. 1991)
Case details for

People ex Rel. Patterson v. Senkowski

Case Details

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

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

Date published: Aug 22, 1991

Citations

175 A.D.2d 957 (N.Y. App. Div. 1991)
573 N.Y.S.2d 611

Citing Cases

People ex Rel. Patterson v. Senkowski

Decided November 25, 1991 Appeal from (3d Dept: 175 A.D.2d 957) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…

People ex Rel. Hendy v. Shriver

Supreme Court denied petitioner's application for a writ of habeas corpus and we affirm. Habeas corpus relief…