Legal Opinion
People v. Scully
Appellate Division of the Supreme Court of the State of New York
Decided October 29, 1990PublishedCited by 4 opinions
1Opinion of the Court
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated February 14, 1989, which dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner’s claims with regard to the timeliness of the violation of probation hearing and the validity of the sentence imposed upon the petitioner’s violation of probation are not reviewable in a habeas corpus proceeding because they are issues which could have or should have been raised and considered on the direct appeal from the judgment of…
2Cases cited8 opinions
- Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
- People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
- People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
- People ex rel. Kaplan v. Commissioner of CorrectionNew York Court of Appeals · 1983
- People ex rel. Phifer v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People ex rel. Benbow v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
- People ex rel. DeFlumer v. StrackAppellate Division of the Supreme Court of the State of New York · 1995
- People ex rel. Brown v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1999
- People ex rel. Sommer v. MannAppellate Division of the Supreme Court of the State of New York · 1997