PEOPLE EX REL. GORDON v. HEATH

2011-08368

113 A.D.3d 706 (2014)

978 N.Y.S.2d 694

2014 NY Slip Op 248

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CLIFTON GORDON, Appellant, v. PHILIP D. HEATH, Respondent.

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

Decided January 15, 2014.


In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Warhit, J.), dated May 12, 2011, which, without a hearing, denied the petition and dismissed the proceeding.

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

Generally, "[a] writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct...

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