People ex rel. Clark v. Riley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered January 24, 1992, which dismissed the proceeding without a hearing.
Ordered that the judgment is affirmed, without costs or disbursements.
Since all of the petitioner’s contentions could have been reviewed on a direct appeal from his judgment of conviction, they are not subject to review by a habeas corpus proceeding (see, People ex rel. Govan v Waldron, 175 AD2d 820). The proceeding was, therefore, properly dismissed without a hearing (see, People ex rel. Morgan v…
2Cases cited4 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People ex rel. Morgan v. BerryAppellate Division of the Supreme Court of the State of New York · 1989
- People ex rel. McNair v. BantumAppellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. Govan v. WaldronAppellate Division of the Supreme Court of the State of New York · 1991