Opinion
October 11, 1983
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.), dated May 11, 1981, which denied the petition. Judgment affirmed, without costs or disbursements. It is well settled that a writ of habeas corpus cannot be used to review claimed errors already passed on in an earlier appeal or issues which could have been raised on appeal but were not ( People ex rel. Kaplan v Commissioner of Correction, 60 N.Y.2d 648; People ex rel. Douglas v Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901; see Titone, Federal Habeas Corpus — Understanding State Procedures, NYLJ, May 9, 1983, p 1, col 3). Accordingly, the Supreme Court did not err in denying the petition. Titone, J.P., Lazer, Thompson and Boyers, JJ., concur.