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People ex Rel. Dorsey v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1993
189 A.D.2d 794 (N.Y. App. Div. 1993)

Opinion

January 11, 1993

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


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

The Supreme Court properly dismissed the proceeding, because the petitioner set forth no factual or legal basis which would render the indictment jurisdictionally defective, and his present claims could have been raised on his direct appeal (see, People ex rel. Goss v. Smith, 69 N.Y.2d 727, affg 116 A.D.2d 968; People ex rel. Vasalka v. Stenzel, 186 A.D.2d 295; People ex rel. Greene v. Scully, 180 A.D.2d 657; People ex rel. Bentley v. Scully, 177 A.D.2d 732, cert denied ___ US ___, 112 S Ct 2973; People ex rel. Govan v. Waldron, 175 A.D.2d 820). Sullivan, J.P., Miller, Ritter and Pizzuto, JJ., concur.


Summaries of

People ex Rel. Dorsey v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1993
189 A.D.2d 794 (N.Y. App. Div. 1993)
Case details for

People ex Rel. Dorsey v. Scully

Case Details

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

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

Date published: Jan 11, 1993

Citations

189 A.D.2d 794 (N.Y. App. Div. 1993)

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