Appellate Division, Third Department · October 8, 2026 · 2026 NY Slip Op 05835
People ex rel. Marshall v King
Read the official decision: 2026 NY Slip Op 05835
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature. The court affirmed the dismissal of the petition because the challenge to the accusatory instrument could have been raised in a direct appeal or a CPL article 440 motion.
The court’s words
Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature
2026 NY Slip Op 05835, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | October 8, 2026 |
| Citation | 2026 NY Slip Op 05835 |
| Area of law | Criminal Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05835 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1072 |
Recommended citation
ESQ HQ, New York Law Watch, People ex rel. Marshall v King, 2026 NY Slip Op 05835 (Appellate Division, Third Department, October 8, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05835/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works