People ex rel. Brady v. Scully — 111 A.D.2d 419

Majority

p. 419

The People of the State of New York ex rel. Harold Brady, Appellant, v Charles Scully, as Superintendent of Green Haven Correctional Facility, Respondent.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the

p. 420

Supreme Court, Dutchess County (Jiudice, J.), dated February 10, 1983, which, after a hearing, dismissed the writ.

Judgment affirmed, without costs or disbursements.

No factual or legal basis has been alleged which would render the indictment underlying petitioner’s conviction jurisdiction-ally defective (cf. People ex rel. Sales v LeFevre, 93 AD2d 945 , lv denied 60 NY2d 558 ). Moreover, since all of the remaining issues either could have been raised on direct appeal or on a motion pursuant to CPL article 440, or would not result in petitioner’s immediate release, habeas corpus is not an appropriate remedy (see, People ex rel. Kaplan v Commissioner of Correction of City of N. Y., 60 NY2d 648 , 649; People ex rel. Douglas v Vincent, 50 NY2d 901 , 903; People ex rel. Taylor v Commissioner of Correction, 100 AD2d 525 ; People ex rel. Myers v Dalsheim, 97 AD2d 447 , lv denied 61 NY2d 601 ; People ex rel. Sales v LeFevre, supra; People ex rel. Hall v LeFevre, 92 AD2d 956 , affd 60 NY2d 579 ). Mollen, P. J., Mangano, Gibbons and Bracken, JJ., concur.

Cases cited

People ex rel. Sales v. LeFevre 93 AD2d 945 N.Y. App. Div. 1983-04-28 p. 420
People ex rel. Kaplan v. Commissioner of Correction 60 NY2d 648 N.Y. 1983-09-15 at 649 p. 420
People ex rel. Douglas v. Vincent 50 NY2d 901 N.Y. 1980-06-10 at 903 p. 420
People ex rel. Hall v. LeFevre 60 NY2d 579 N.Y. 1983-07-12 p. 420