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People ex Rel. Wise v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 444 (N.Y. App. Div. 1990)

Opinion

July 9, 1990

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


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

We have reviewed the record and the petitioner's pro se supplemental brief and agree with the petitioner's assigned counsel that there are no meritorious issues which could be raised on appeal. Habeas corpus does not lie to review claimed errors which were already considered on a direct appeal (see, Matter of Williams v. Scully, 135 A.D.2d 721; People ex rel. Jones v. Abrams, 114 A.D.2d 481). Counsel's application for leave to withdraw as counsel is granted (see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf., People v. Gonzalez, 47 N.Y.2d 606). Bracken, J.P., Lawrence, Eiber and Harwood, JJ., concur.


Summaries of

People ex Rel. Wise v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 444 (N.Y. App. Div. 1990)
Case details for

People ex Rel. Wise v. Scully

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANTHONY F. WISE, Appellant, v…

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

Date published: Jul 9, 1990

Citations

163 A.D.2d 444 (N.Y. App. Div. 1990)
558 N.Y.S.2d 579

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