Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
THE PEOPLE OF THE STATE OF NEW YORK EX REL. DAVID F. TUSZYNSKI, PETITIONER–APPELLANT, v. SUPERINTENDENT DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY, RESPONDENT–RESPONDENT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Supreme Court properly denied the petition for a writ of habeas corpus. Petitioner's contentions were, or could have been, raised on direct appeal from the judgment of conviction or in a motion pursuant to CPL article 440, and thus habeas corpus relief is unavailable (see People ex rel. Montgomery v Artus, 114 AD3d 1171, 1172; see also People v. Tuszynski, 71 AD3d 1407, lv denied 15 NY3d 810). Additionally, “petitioner has shown no reason to justify a departure ‘from traditional orderly procedure’ “ (People ex rel. Lanfair v. Corcoran, 60 AD3d 1351, 1351, lv denied 12 NY3d 714; see People ex rel. Johnson v. Fischer, 69 AD3d 1100, 1101, lv. denied 14 NY3d 707, rearg. denied 15 NY3d 745). We have reviewed petitioner's contention in his pro se supplemental brief, and we conclude that it also could have been asserted on direct appeal or in a postconviction motion.
Frances E. Cafarell
Clerk of the Court
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: KAH 13–00519
Decided: May 02, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)