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Matter of Williams v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 721 (N.Y. App. Div. 1987)

Opinion

December 21, 1987

Appeal from the Supreme Court, Dutchess County (Braatz, J.).


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

Generally, claims which were or could have been reviewed on direct appeal from a judgment of conviction are not subject to review by habeas corpus (see, People ex rel. Phifer v Scully, 107 A.D.2d 729). Nor do the facts of this case indicate a violation of the petitioner's fundamental constitutional rights such as to warrant a departure from traditional orderly procedure (cf., Stone v Powell, 428 U.S. 465; People ex rel. Keitt v McMann, 18 N.Y.2d 257). Mangano, J.P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.


Summaries of

Matter of Williams v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 721 (N.Y. App. Div. 1987)
Case details for

Matter of Williams v. Scully

Case Details

Full title:In the Matter of JAMES WILLIAMS, Appellant, v. CHARLES J. SCULLY, as…

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

Date published: Dec 21, 1987

Citations

135 A.D.2d 721 (N.Y. App. Div. 1987)

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