Legal Opinion

People ex rel. Clark v. Riley

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1994Published

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

  1. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  2. People ex rel. Morgan v. BerryAppellate Division of the Supreme Court of the State of New York · 1989
  3. People ex rel. McNair v. BantumAppellate Division of the Supreme Court of the State of New York · 1986
  4. People ex rel. Govan v. WaldronAppellate Division of the Supreme Court of the State of New York · 1991

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