People ex rel. Dushain v. Ercole
881 N.Y.S.2d 899
N.Y. App. Div.
2009
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THE PEOPLE OF THE STATE OF NEW YORK ex rel. CARL DUSHAIN, Appellant, v ROBERT E. ERCOLE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department

881 NYS2d 899

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CARL DUSHAIN, Appellant, v ROBERT E. ERCOLE, Respondent. [881 NYS2d 899]—In a habeas corpus proceeding pursuant to CPLR article 70, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Brands, J.), dated November 7, 2007, which, without a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

A writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by a postjudgment motion addressed to the court in which an underlying judgment of conviction was rendered (see

;
;
;
;
). The allegations in the petition do not warrant departure from traditional orderly procedure (see
; see also CPL 210.30 [6]). Spolzino, J.P., Angiolillo, Chambers and Lott, JJ., concur.