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People ex Rel. Fisher v. Leonardo

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1994
200 A.D.2d 844 (N.Y. App. Div. 1994)

Opinion

January 13, 1994

Appeal from the Supreme Court, Washington County (Berke, J.).


Because habeas corpus is not a proper remedy where the allegations in the petition could have been raised on direct appeal or by way of a CPL article 440 motion, Supreme Court properly denied petitioner's application for a writ of habeas corpus. Petitioner has given no reason why we should now depart from traditional orderly procedure, especially in light of the fact that his direct appeal is now pending before the First Department. Finally, inasmuch as petitioner's remedy would be a new trial rather than his immediate release from prison, habeas corpus is not an appropriate remedy.

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


Summaries of

People ex Rel. Fisher v. Leonardo

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1994
200 A.D.2d 844 (N.Y. App. Div. 1994)
Case details for

People ex Rel. Fisher v. Leonardo

Case Details

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

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

Date published: Jan 13, 1994

Citations

200 A.D.2d 844 (N.Y. App. Div. 1994)
606 N.Y.S.2d 802

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