7002 - Petition.

§  7002.  Petition. (a) By whom made. A person illegally imprisoned or  otherwise restrained in his liberty within the state, or one  acting  on  his behalf or a party in a child abuse proceeding subsequent to an order  of  the  family  court, may petition without notice for a writ of habeas  corpus to inquire into the cause of such detention and for  deliverance.  A judge authorized to issue writs of habeas corpus having evidence, in a  judicial proceeding before him, that any person is so detained shall, on  his own initiative, issue a writ of habeas corpus for the relief of that  person.    (b)  To  whom  made.  Except  as  provided  in  paragraph five of this  subdivision, a petition for the writ shall be made to:    1. the supreme court in the judicial district in which the  person  is  detained; or    2.  the  appellate  division  in the department in which the person is  detained; or    3. any justice of the supreme court; or    4. a county judge being or residing within the  county  in  which  the  person is detained; where there is no judge within the county capable of  issuing  the  writ, or if all within the county capable of doing so have  refused, the petition may be made to a county judge  being  or  residing  within an adjoining county.    5. in a city having a population of one million or more inhabitants, a  person  held  as  a  trial  inmate in a city detention institution shall  petition for a writ to the supreme court in  the  county  in  which  the  charge  for  which  the inmate is being detained is pending. Such inmate  may also petition for a writ to the appellate division in the department  in which he is detained or to any justice of the supreme court  provided  that  the  writ shall be made returnable before a justice of the supreme  court held in the county in which the charge for  which  the  inmate  is  being detained is pending.    (c)  Content. The petition shall be verified and shall state, or shall  be accompanied by an affidavit which shall state,    1. that the person in whose behalf the petition is made  is  detained,  naming  the  person by whom he is detained and the place of detention if  they are known, or describing them if they  are  not  known;  where  the  detention  is  by  virtue of a mandate, a copy of it shall be annexed to  the petition, or sufficient reason why a  copy  could  not  be  obtained  shall be stated;    2.  the  cause  or  pretense  of  the detention, according to the best  knowledge and belief of the petitioner;    3. that a court or judge of the United States does not have  exclusive  jurisdiction to order him released;    4.  if  the writ is sought because of an illegal detention, the nature  of the illegality;    5. whether any appeal has been taken from any order by virtue of which  the person is detained, and, if so, the result;    6. the date, and the court or judge to whom made,  of  every  previous  application  for  the writ, the disposition of each such application and  of any appeal taken, and  the  new  facts,  if  any,  presented  in  the  petition that were not presented in any previous application; and    7.  if  the  petition  is made to a county judge outside the county in  which the person is detained, the facts which authorize  such  judge  to  act.