From Casetext: Smarter Legal Research

People ex Rel. Johnson v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1005 (N.Y. App. Div. 1999)

Opinion

June 18, 1999

Appeal from Judgment of Supreme Court, Cayuga County, Corning, J. — Habeas Corpus.

PRESENT: DENMAN, P. J., GREEN, HAYES, SCUDDER AND BALIO, JJ.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus because the issues were raised or could have been raised on defendant's prior direct appeals or by a post judgment motion pursuant to CPL article 440 ( see, People v. Johnson, 211 A.D.2d 826, lv dismissed 85 N.Y.2d 939; People v. Johnson, 181 A.D.2d 914, lv denied 80 N.Y.2d 833, cert denied 511 U.S. 1037; People v. Johnson, 176 A.D.2d 756; People v. Johnson, 163 A.D.2d 613, lv denied 76 N.Y.2d 940; see generally, People ex rel. St. Germain v. Walker, 202 A.D.2d 1053, lv denied 83 N.Y.2d 758). Furthermore, because the issues raised herein were determined by the Third Department in People ex rel. Johnson v. Stinson ( 233 A.D.2d 634, lv denied 89 N.Y.2d 807, lv dismissed 89 N.Y.2d 1030, rearg denied 89 N.Y.2d 1030, rearg dismissed 90 N.Y.2d 831), this proceeding is barred by res judicata and collateral estoppel ( see, People ex rel. Hatzman v. Kuhlmann, 191 A.D.2d 977, appeal dismissed and lv denied 82 N.Y.2d 683).


Summaries of

People ex Rel. Johnson v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1005 (N.Y. App. Div. 1999)
Case details for

People ex Rel. Johnson v. Walker

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK EX REL. JOHNATHAN JOHNSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 18, 1999

Citations

262 A.D.2d 1005 (N.Y. App. Div. 1999)
692 N.Y.S.2d 632

Citing Cases

State ex Rel. Johnson v. McGinnis

Before: Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Petitioner is currently incarcerated at…

People v. McCoy

Memorandum: We reject the contention of petitioner that Supreme Court should have granted his petition for a…