Legal Opinion
People ex rel. Morgan v. Berry
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1989PublishedCited by 4 opinions
1Opinion of the Court
— In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Kings County (Owens, J.), entered August 25, 1987, which denied the petition without a hearing.
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner’s assertions on appeal concerning the legality of his arrest and sentence were not raised in his petition for a writ of habeas corpus submitted to the Supreme Court, Kings County. Consequently, these assertions are not properly before this court (see, People ex rel. Vanderburgh v Coombe, 102 AD2d 951; People ex rel. Aloi v…
2Cases cited4 opinions
- People ex rel. Vanderburgh v. CoombeAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Aloi v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Falaq v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. McNair v. BantumAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by4 opinions
- People ex rel. Pangburn v. HodgesAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Govan v. WaldronAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Clark v. RileyAppellate Division of the Supreme Court of the State of New York · 1994
- People ex rel. Robinson v. WalkerAppellate Division of the Supreme Court of the State of New York · 2002