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People v. Bednosky

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2002
294 A.D.2d 382 (N.Y. App. Div. 2002)

Opinion

2001-03316

Submitted March 12, 2002.

May 8, 2002.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Seidell, J.), dated January 30, 2001, which denied the petition and dismissed the proceeding.

Nelson Carlo, Altona, N.Y., appellant pro se.

Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Melanie L. Oxhorn of counsel), for respondent.

Before: RITTER, J.P., O'BRIEN, KRAUSMAN, ADAMS, JJ.


ORDERED that the judgment is affirmed, without costs or disbursements.

The petitioner contends that he is entitled to a writ of habeas corpus because his counsel was unable to conduct a complete and thorough cross-examination of the complaining witness at his parole revocation hearing. The petitioner was not denied his right to cross-examination (cf. Matter of Zuttah v. Wing, 243 A.D.2d 765; Schwartz v. 38 Town Assocs., 187 A.D.2d 377), and his "allegations of unfairness are insufficient to rebut the presumption of integrity of those serving as adjudicators" (Matter of Maher v. Hayduk, 218 A.D.2d 700, 701). Accordingly, the Supreme Court properly denied habeas corpus relief.

RITTER, J.P., O'BRIEN, KRAUSMAN and ADAMS, JJ., concur.


Summaries of

People v. Bednosky

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2002
294 A.D.2d 382 (N.Y. App. Div. 2002)
Case details for

People v. Bednosky

Case Details

Full title:THE PEOPLE, ETC., ex rel. NELSON CARLO, appellant, v. WESLEY BEDNOSKY, et…

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

Date published: May 8, 2002

Citations

294 A.D.2d 382 (N.Y. App. Div. 2002)
741 N.Y.S.2d 703