Legal Opinion
People ex rel. Stewart v. People
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1988PublishedCited by 5 opinions
1Opinion of the Court
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Kutner, J.), dated December 30, 1985, which dismissed the petition.
*1069Ordered that the judgment is affirmed, without costs or disbursements.
The petition was properly dismissed as the petitioner’s contentions regarding his alleged erroneous sentencing to consecutive terms of incarceration and the trial court’s failure to submit a lesser included offense to the jury are “claims which were or could have been reviewed on direct appeal from [the] judgment of conviction [and] are not subject to…
2Cases cited7 opinions
- People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
- People ex rel. Kaplan v. Commissioner of CorrectionNew York Court of Appeals · 1983
- People ex rel. Nelson v. ScullyAppellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. Sales v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1983
- Williams v. ScullyAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. ScullyAppellate Division of the Supreme Court of the State of New York · 1990
- People ex rel. Patterson v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Cotton v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1992
- People ex rel. Jackson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1993
- People ex rel. Lyon v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1991