Legal Opinion

People ex rel. Phifer v. Scully

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

Decided January 14, 1985PublishedCited by 7 opinions

1Opinion of the Court

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.), dated July 21, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The claims petitioner raises were or could have been reviewed on the direct appeal from the judgment of conviction. Hence, they are not subject to review by habeas corpus (see People ex rel. Williams v Scully, 107 AD2d 729; People ex rel. Douglas v Vincent, 67 AD2d 587, affd 50 NY2d 901; People ex rel. Taylor v Commissioner of Correction, 100 AD2d 525; People ex rel. Hall…

2Cases cited6 opinions

  1. People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
  2. People ex rel. Douglas v. VincentAppellate Division of the Supreme Court of the State of New York · 1979
  3. People ex rel. Hall v. LeFevreNew York Court of Appeals · 1983
  4. People ex rel. Hall v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1983
  5. People ex rel. Taylor v. Commissioner of CorrectionAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by7 opinions

  1. People ex rel. Nelson v. ScullyAppellate Division of the Supreme Court of the State of New York · 1986
  2. Williams v. ScullyAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. ScullyAppellate Division of the Supreme Court of the State of New York · 1990
  4. People ex rel. Heath v. RileyAppellate Division of the Supreme Court of the State of New York · 1991
  5. People ex rel. Brown v. ScullyAppellate Division of the Supreme Court of the State of New York · 1989

2 more not listed; retrieve them via the Exa API.

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