Opinion
December 7, 1961
Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.
Appeal from an order of Supreme Court, Clinton County, which dismissed a writ of habeas corpus. In this appeal from the dismissal of a writ of habeas corpus relator seeks to review legal errors of the trial at which he was convicted of sodomy and carnal abuse of a child in the Court of General Sessions in 1954. Upon direct appeal from the judgment of conviction there was an affirmance ( People v. Moore, 285 App. Div. 1139), and in 1959 the denial of an application for writ of error coram nobis was affirmed ( 8 A.D.2d 600) and a further application to appeal as a poor person from the denial of an application for coram nobis was denied ( 10 A.D.2d 614). Application to the United States District Court for writs of habeas corpus have been denied in 1957 and 1961. Since it is not shown that the court in which the judgment was entered lacked jurisdiction, the dismissal of this writ was warranted. ( People ex rel. Sedlak v. Foster, 299 N.Y. 291; People ex rel. Harrison v. Jackson, 298 N.Y. 219). Order unanimously affirmed, without costs.