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People, Lee Melvin v. Warden Orange Cty. Jail

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1983
94 A.D.2d 808 (N.Y. App. Div. 1983)

Opinion

May 31, 1983


In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Orange County (Buell, J.), dated September 27, 1982, which dismissed the writ. Judgment affirmed, without costs or disbursements. It is well settled that habeas corpus is not to serve as a substitute for an appeal (see, e.g., People ex rel. Frazier v Coombe, 87 A.D.2d 904). The issues raised by petitioner in his application for habeas corpus relief can be developed in his appeal from the judgment of conviction. Accordingly, we hold that it was not improper for the Supreme Court, Orange County, to dismiss the writ without a hearing. Damiani, J.P., Weinstein, Niehoff and Boyers, JJ., concur.


Summaries of

People, Lee Melvin v. Warden Orange Cty. Jail

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1983
94 A.D.2d 808 (N.Y. App. Div. 1983)
Case details for

People, Lee Melvin v. Warden Orange Cty. Jail

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROY LEE MELVIN, Appellant, v…

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

Date published: May 31, 1983

Citations

94 A.D.2d 808 (N.Y. App. Div. 1983)