Appellate Division, Third Department · November 12, 2026 · 2026 NY Slip Op 06605
People ex rel. Best v Superintendent of Clinton Corr. Facility
Read the official decision: 2026 NY Slip Op 06605
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Holding Habeas corpus is not the appropriate remedy for raising claims that 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 denial of the application because the petitioner’s challenges regarding the grand jury proceeding could have been raised through those alternative procedural avenues.
The court’s words
Habeas corpus is not the appropriate remedy for raising claims that could have been raised on direct appeal or in the context of a CPL article 440 motion, even if they are jurisdictional in nature
2026 NY Slip Op 06605, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | November 12, 2026 |
| Citation | 2026 NY Slip Op 06605 |
| Area of law | Criminal Procedure |
| Week | Week ending November 14, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06605 |
| 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 | 1902 |
Recommended citation
ESQ HQ, New York Law Watch, People ex rel. Best v Superintendent of Clinton Corr. Facility, 2026 NY Slip Op 06605 (Appellate Division, Third Department, November 12, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06605/
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