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People ex Rel. Heath v. Riley

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 768 (N.Y. App. Div. 1991)

Opinion

March 11, 1991

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


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

Generally, claims which were or could have been reviewed on direct appeal from a judgment of conviction are not subject to review by habeas corpus (see, People ex rel. Wise v Scully, 163 A.D.2d 444; Matter of Williams v Scully, 135 A.D.2d 721; People ex rel. Phifer v Scully, 107 A.D.2d 729). Nor do the facts of this case indicate a violation of the petitioner's fundamental constitutional rights such as to warrant a departure from the "traditional orderly proceedings" (People ex rel. Keitt v McMann, 18 N.Y.2d 257, 262; cf., Stone v Powell, 428 U.S. 465). Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.


Summaries of

People ex Rel. Heath v. Riley

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 768 (N.Y. App. Div. 1991)
Case details for

People ex Rel. Heath v. Riley

Case Details

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

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

Date published: Mar 11, 1991

Citations

171 A.D.2d 768 (N.Y. App. Div. 1991)
567 N.Y.S.2d 321

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