PEOPLE EX REL. KITCHEN v. WHITE


158 A.D.2d 437 (1990)

The People of the State of New York ex rel. Thomas R. Kitchen, Appellant, v. Janice White, as Superintendent of Manhattan House of Detention, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 27, 1990


After a bench trial, appellant was convicted of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree. He thereafter brought a petition for a writ of habeas corpus claiming that he had been denied his statutory right to testify before the Grand Jury. A writ of habeas corpus is an inappropriate method to review issues which may be raised on direct appeal. (People ex rel. Goss v Smith,

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