Legal Opinion

People ex rel. Heath v. Riley

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

Decided March 11, 1991PublishedCited by 3 opinions

1Opinion of the Court

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Amodeo, J.), entered May 17, 1990, which denied the writ.

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

Generally, claims which were or could have been reviewed on direct appeal from a judgment of conviction are not subject to review by habeas corpus (see, People ex rel. Wise v Scully, 163 AD2d 444; Matter of Williams v Scully, 135 AD2d 721; People ex rel. Phifer v Scully, 107 AD2d 729). Nor do the facts of this case indicate a violation of the petitioner’s…

2Cases cited5 opinions

  1. Stone v. PowellSupreme Court of the United States · 1976
  2. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  3. People ex rel. Phifer v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985
  4. Williams v. ScullyAppellate Division of the Supreme Court of the State of New York · 1987
  5. People ex rel. Wise v. ScullyAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. People ex rel. Moore v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
  2. People ex rel. Maldonado v. ArtuzAppellate Division of the Supreme Court of the State of New York · 1999
  3. People ex rel. Smith v. HanslmaierAppellate Division of the Supreme Court of the State of New York · 1997

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