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People ex Rel. Franza v. Stinson

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 643 (N.Y. App. Div. 1997)

Opinion

May 1, 1997

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


Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was serving consecutive prison terms following his conviction of the crimes of attempted murder in the second degree (three counts) and criminal possession of a weapon in the first degree. Petitioner commenced this habeas corpus proceeding on the ground that his constitutional rights were violated when County Court reopened and conducted a pretrial hearing without petitioner being present. Supreme Court denied petitioner's habeas corpus application. We affirm. Habeas corpus relief is inappropriate where, as here, the issue raised by petitioner could have been advanced on petitioner's direct appeal or in the context of a CPLR article 440 motion ( see, People ex rel. Hannon v. Stinson, 232 A.D.2d 695; People ex rel. House v. Jones, 102 A.D.2d 908). The fact that the length of petitioner's supplemental brief was limited did not preclude petitioner from raising such issue on his direct appeal. In any event, the issue raised by petitioner, even if meritorious, would not warrant his immediate release ( see generally, People v Dokes, 79 N.Y.2d 656).

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


Summaries of

People ex Rel. Franza v. Stinson

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 643 (N.Y. App. Div. 1997)
Case details for

People ex Rel. Franza v. Stinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOMINIC M. FRANZA, Appellant…

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

Date published: May 1, 1997

Citations

239 A.D.2d 643 (N.Y. App. Div. 1997)
657 N.Y.S.2d 372

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