People ex rel. Barnes v. Scully

Appellate Division of the Supreme Court of New York

People ex rel. Barnes v. Scully

185 A.D.2d 370, 587 N.Y.S.2d 227, 1992 N.Y. App. Div. LEXIS 9351

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 27, 1992

StatusPublished

This text of 185 A.D.2d 370 (People ex rel. Barnes v. Scully) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Barnes v. Scully, 185 A.D.2d 370, 587 N.Y.S.2d 227, 1992 N.Y. App. Div. LEXIS 9351 (N.Y. Ct. App. 1992).

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Opinion

In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Dutchess County (Benson, J.), dated March 18, 1991, which denied the application for a writ.

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 AD2d 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 NY2d 257). Rosenblatt, J. P., Miller, O’Brien and Ritter, JJ., concur.

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In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Dutchess County (Benson, J.), dated March 18, 1991, which denied the application for a writ.

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 AD2d 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 NY2d 257). Rosenblatt, J. P., Miller, O’Brien and Ritter, JJ., concur.

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Bluebook (online)

185 A.D.2d 370, 587 N.Y.S.2d 227, 1992 N.Y. App. Div. LEXIS 9351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-barnes-v-scully-nyappdiv-1992.

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