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People ex Rel. Brown v. Hanslmaier

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1994
209 A.D.2d 801 (N.Y. App. Div. 1994)

Opinion

November 10, 1994

Appeal from the Supreme Court, Sullivan County (Kane, J.).


Petitioner commenced this habeas corpus proceeding arguing that the evidence before the Grand Jury was insufficient to support his indictment. However, because this argument could have been raised by petitioner on his direct appeal or in his CPL article 440 motion, Supreme Court properly denied the application for a writ of habeas corpus. We also see no reason to depart from traditional orderly procedure in this case. Petitioner's remaining contentions have been considered and rejected as unpersuasive.

Mikoll, J.P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

People ex Rel. Brown v. Hanslmaier

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1994
209 A.D.2d 801 (N.Y. App. Div. 1994)
Case details for

People ex Rel. Brown v. Hanslmaier

Case Details

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

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

Date published: Nov 10, 1994

Citations

209 A.D.2d 801 (N.Y. App. Div. 1994)
618 N.Y.S.2d 597

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