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People ex Rel. Myers v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1983
97 A.D.2d 447 (N.Y. App. Div. 1983)

Opinion

October 11, 1983


In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.), dated May 11, 1981, which denied the petition. Judgment affirmed, without costs or disbursements. It is well settled that a writ of habeas corpus cannot be used to review claimed errors already passed on in an earlier appeal or issues which could have been raised on appeal but were not ( People ex rel. Kaplan v Commissioner of Correction, 60 N.Y.2d 648; People ex rel. Douglas v Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901; see Titone, Federal Habeas Corpus — Understanding State Procedures, NYLJ, May 9, 1983, p 1, col 3). Accordingly, the Supreme Court did not err in denying the petition. Titone, J.P., Lazer, Thompson and Boyers, JJ., concur.


Summaries of

People ex Rel. Myers v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1983
97 A.D.2d 447 (N.Y. App. Div. 1983)
Case details for

People ex Rel. Myers v. Dalsheim

Case Details

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

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

Date published: Oct 11, 1983

Citations

97 A.D.2d 447 (N.Y. App. Div. 1983)

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