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177 A.D.2d 732
N.Y. App. Div.
1991

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered December 12, 1989, which denied the application for a writ.

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

The arguments made by the appellant in support of his application for a writ of habeas corpus were, or could have been, advanced either on his direct appeal from the underlying judgment of conviction, or in a prior habeas corpus proceeding. The Supreme Court was, therefore, correct in denying the application on those grounds (see, CPLR 7003 [b]; People ex rel. Goss v Smith, 69 NY2d 727, 729, affg 116 AD2d 968; People ex rel. Patterson v Senkowski, 175 AD2d 957; People ex *733rel. Bresette v Superintendent, 175 AD2d 961; People ex rel. Douglas v Vincent, 67 AD2d 587, affd 50 NY2d 901; cf., People ex rel. Keitt v McMann, 18 NY2d 257, 262). Mangano, P. J., Bracken, Kunzeman and Miller, JJ., concur.

Case Details

Case Name: People ex rel. Bentley v. Scully
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 25, 1991
Citations: 177 A.D.2d 732; 576 N.Y.S.2d 1021; 1991 N.Y. App. Div. LEXIS 14981
Court Abbreviation: N.Y. App. Div.
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