Majority
p. 523(January 25, 1965) The People of the State of New York ex rel. Burton Graham, Petitioner, v. Walter H. Wilkins, as Warden of Attica Prison, Respondent.
Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied. The issue of the voluntariness of a confession cannot be entertained in a habeas corpus proceeding. The remedy is by way of application in the nature of a writ of error coram no'bis to the trial court (People v. Huntley, 15 N Y 2d 72 ). The petition is otherwise insufficient on its face. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.
Cases cited
- People v. Huntley 15 N Y 2d 72 p. 523