Majority
p. 732The People of the State of New York ex rel. Roosevelt C. Bentley, Appellant, v Charles J. Scully et al., Respondents.
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
p. 733
rel. 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.
Cases cited
- People ex rel. Goss v. Smith 69 NY2d 727 at 729 p. 732
- People ex rel. Patterson v. Senkowski 175 AD2d 957 p. 732
- People ex rel. Douglas v. Vincent 67 AD2d 587 p. 733
- People ex rel. Douglas v. Vincent 50 NY2d 901 p. 733
- People ex rel. Keitt v. McMann 18 NY2d 257 at 262 p. 733