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People ex Rel. Bentley v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1991
177 A.D.2d 732 (N.Y. App. Div. 1991)

Opinion

November 25, 1991

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


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

The arguments made by the appellant in support of his application for a writ of habeas corpus were, or could have been, advanced either on his direct appeal from the underlying judgment of conviction, or in a prior habeas corpus proceeding. The Supreme Court was, therefore, correct in denying the application on those grounds (see, CPLR 7003 [b]; People ex rel. Goss v Smith, 69 N.Y.2d 727, 729, affg 116 A.D.2d 968; People ex rel. Patterson v. Senkowski, 175 A.D.2d 957; People ex rel. Bresette v. Superintendent, 175 A.D.2d 961; People ex rel. Douglas v. Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901; cf., People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262). Mangano, P.J., Bracken, Kunzeman and Miller, JJ., concur.


Summaries of

People ex Rel. Bentley v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1991
177 A.D.2d 732 (N.Y. App. Div. 1991)
Case details for

People ex Rel. Bentley v. Scully

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROOSEVELT C. BENTLEY…

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

Date published: Nov 25, 1991

Citations

177 A.D.2d 732 (N.Y. App. Div. 1991)

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