People ex rel. Bentley v. Scully

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered December 12, 1989, which denied the application for a writ.

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];…