Legal Opinion

People ex rel. Brown v. Scully

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

Decided March 13, 1989Published

1Opinion of the Court

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), dated August 7, 1985, which dismissed the writ.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner’s objection to the counts of the indictment charging him with robbery in the first degree on the ground that those counts failed to comply with the specificity requirement of CPL 200.30 (2), rendering them duplicitous, is an issue which could have been reviewed on his direct appeal from the judgment of conviction (People v Brown, 99 AD2d 684,…

2Cases cited5 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. RosadoAppellate Division of the Supreme Court of the State of New York · 1978
  3. People v. NicholsonAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. RuddAppellate Division of the Supreme Court of the State of New York · 1973
  5. People ex rel. Phifer v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985

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