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People ex Rel. Barnes v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1992
185 A.D.2d 370 (N.Y. App. Div. 1992)

Opinion

July 27, 1992

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


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

Habeas corpus does not lie to review claimed errors which were already considered on a direct appeal (see, People ex rel. Wise v. Scully, 163 A.D.2d 444). Nor do the facts of this case indicate a violation of the petitioner's fundamental constitutional rights such as to warrant a departure from this traditional orderly procedure (see, People ex rel. Keitt v. McMann, 18 N.Y.2d 257). Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.


Summaries of

People ex Rel. Barnes v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1992
185 A.D.2d 370 (N.Y. App. Div. 1992)
Case details for

People ex Rel. Barnes v. Scully

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM BARNES, Appellant, v…

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

Date published: Jul 27, 1992

Citations

185 A.D.2d 370 (N.Y. App. Div. 1992)