# People ex rel. Brown v. Hanslmaier

> Appellate Division of the Supreme Court of the State of New York · November 10, 1994 · 209 A.D.2d 801

URL: https://www.frixlaw.com/law-library/cases/5982709

## Case

- **Full name:** The People of the State of New York ex rel. Fred Brown v. Robert Hanslmaier, as Acting Superintendent of Woodbourne Correctional Facility
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 10, 1994
- **Citations:** 209 A.D.2d 801; 618 N.Y.S.2d 597; 1994 N.Y. App. Div. LEXIS 11126
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5982709

## Opinion text

—Appeal from a judgment of the Supreme Court (Kane, J.), entered January 6, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this habeas corpus proceeding arguing that the evidence before the Grand Jury was insufficient to support his indictment. However, because this argument could have been raised by petitioner on his direct appeal or in his CPL article 440 motion, Supreme Court properly denied the application for a writ of habeas corpus. We also see no reason to depart from traditional orderly procedure in this case. Petitioner’s remaining contentions have been considered and rejected as unpersuasive.
Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5982709. Public record. Not legal advice.