From Casetext: Smarter Legal Research

People ex Rel. Warner v. Mahoney

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1998
252 A.D.2d 510 (N.Y. App. Div. 1998)

Opinion

July 6, 1998

Appeal from the petitioner for a writ of habeas corpus.


Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

Adjudged that the application is denied and the petition is dismissed, without costs or disbursements.

The relief of habeas corpus will be denied where, as here, the issues may be raised on a direct appeal from the judgment of conviction ( see, People ex rel. Keitt v. McMann, 18 N.Y.2d 257; People ex. rel. Barrett v. Scully, 203 A.D.2d 311).

Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

People ex Rel. Warner v. Mahoney

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1998
252 A.D.2d 510 (N.Y. App. Div. 1998)
Case details for

People ex Rel. Warner v. Mahoney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel., DAVID WARNER, Petitioner v…

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

Date published: Jul 6, 1998

Citations

252 A.D.2d 510 (N.Y. App. Div. 1998)
675 N.Y.S.2d 564

Citing Cases

Allen v. Eastmond

Before: Williams, J.P., Tom, Lerner, Buckley, Friedman, JJ. Defendant raises issues that may not be raised by…