[Download] "People State New York Ex Rel. Maurice Cotton v. Daniel Senkowski" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. Maurice Cotton v. Daniel Senkowski
- Author : Supreme Court of New York
- Release Date : January 12, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Petitioner was convicted in 1986 of robbery in the first degree and criminal possession of a weapon in the second degree and
sentenced to concurrent terms of imprisonment of 5 to 15 years. Petitioner commenced this habeas corpus proceeding essentially
contending that the sentence was excessive because it was disproportionate to the severity of the crimes. Initially, we note
that habeas corpus is not available to challenge a sentence which is not in excess of that authorized by statute (see, People
ex rel. Aloi v LeFevre, 100 A.D.2d 662, 663). Moreover, as Supreme Court noted, habeas corpus relief is not a proper remedy
where the allegations in the petition could have been raised either on direct appeal or by way of a CPL article 440 motion
(see, People ex rel. Woodard v Berry, 143 A.D.2d 457, 458, lv denied 73 N.Y.2d 705; People ex rel. Rosado v Miles, 138 A.D.2d
808), and we see no reason to depart from traditional orderly procedure in this case (see, People ex rel. Grady v LeFevre,
152 A.D.2d 850, lv denied 75 N.Y.2d 702). Finally, habeas corpus is inappropriate because, even if petitioner's claim has
merit, he would not be entitled to immediate release from custody (see, People ex rel. Stewart v People, 143 A.D.2d 1068,
1069; People ex rel. Knowles v Scully, 101 A.D.2d 895). Ordered that the judgment is affirmed, without costs.
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