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People ex rel. House v. Jones

The People of the State of New York ex rel. John E. House v. Everett Jones, as Superintendent of Great Meadow Correctional Facility

People ex rel. House v. Jones, 102 A.D.2d 908 (1984)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 7, 1984
Citations
102 A.D.2d 908477 N.Y.S.2d 4821984 N.Y. App. Div. LEXIS 19149

Opinion of the Court

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— Appeal from a judgment of the Supreme Court at Special Term (Graves, J.), entered October 12, 1983 in Washington County, which denied petitioner’s application for a writ of habeas corpus in a proceeding pursuant to CPLR article 70, without a hearing. 11 Petitioner is incarcerated at Attica Correctional Facility * serving a sentence of 6 to 12 years for the crime of rape in the first degree. Petitioner seeks a writ of habeas corpus on the grounds that he had not been present at the Wade and Huntley hearings preceding his criminal trial and had not waived his right to be present. In its decision, Special Term denied the application, noting that petitioner had failed to submit any factual basis to support his contentions and that, since his direct appeal from the judgment of conviction was still pending, the question was properly reviewable on the appeal. We concur with Special Term’s decision. I Habeas corpus is not an appropriate remedy when contentions of trial error can be reviewed directly by appeal or pursuant to CPL article 440 in the court of conviction (People ex rel. Davis v Coombe, 97 AD2d 667 ). We find no reason to depart from traditional procedure in the instant case. H Judgment affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Mikoll, JJ., concur.

When the petition was initially filed, petitioner was an inmate at Great Meadow Correctional Facility.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1988: 21997: 119882026peak 1988 · 2

Relies on it most ⓘ

  1. People ex rel. Franza v. Stinson239 A.D.2d 643 (1997)
  2. People ex rel. Lombardi v. Kelly144 A.D.2d 1032 (1988)
  3. Scott v. Smith145 A.D.2d 907 (1988)

Most recent

  1. People ex rel. Franza v. Stinson239 A.D.2d 643 (1997)
  2. Scott v. Smith145 A.D.2d 907 (1988)
  3. People ex rel. Lombardi v. Kelly144 A.D.2d 1032 (1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People ex rel. Davis v. Coombe, 97 A.D.2d 667 (1983) 29

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