People ex rel. Barrett v. Scully
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated June 2, 1992, which denied the writ.
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner’s claim of ineffective assistance of trial counsel could have been raised on a direct appeal from his judgment of conviction, and therefore the relief of habeas corpus does not lie (see, People ex rel. Goss v Smith, 69 NY2d 727).
The petitioner’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for…
2Cases cited1 opinion
- People Ex Rel. Goss v. SmithNew York Court of Appeals · 1987
3Cited by5 opinions
- Garcia v. ScullyDistrict Court, S.D. New York · 1995
- Taylor v. KuhlmannDistrict Court, E.D. New York · 1999
- People ex rel. Brown v. Commissioner of New York State Department of CorrectionalAppellate Division of the Supreme Court of the State of New York · 1998
- People ex rel. Franza v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2016
- People ex rel. Warner v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1998