People ex rel. Vogelfang v Perez

People ex rel. Vogelfang v Perez 2009 NY Slip Op 07874 [66 AD3d 1052] October 27, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York ex rel. Annette Vogelfang, Appellant,
v
Ada Perez, Respondent.

—[*1] Annette Vogelfang, Bedford Hills, N.Y., appellant pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Roseann B. MacKechnie of counsel), for respondent.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (DiBella, J.), entered April 3, 2008, which denied the petition and dismissed the proceeding.

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

The proceeding was properly dismissed. A writ of habeas corpus may not be used to review issues already decided or, absent reasons of practicality and necessity, issues that could have been raised by direct appeal or by a collateral attack in the court of the petitioner's conviction (see People ex rel. Barnes v Fischer, 303 AD2d 526 [2003]; People ex rel. Pearson v Garvin, 211 AD2d 690, 691 [1995]; People ex rel. Benbow v Scully, 189 AD2d 844, 845 [1993]; see also People ex rel. Small v Scully, 92 AD2d 943 [1983]; People ex rel. Douglas v Vincent, 67 AD2d 587 [1979], affd 50 NY2d 901 [1980]). Dillon, J.P., Miller, Leventhal and Chambers, JJ., concur.