Majority
p. 370The People of the State of New York ex rel. William Barnes, Appellant, v Charles Scully, as Superintendent of Green Haven Correctional Facility, Respondent.
In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Dutchess County (Benson, J.), dated March 18, 1991, which denied the application for a writ.
Ordered that the order is affirmed, without costs or disbursements.
Habeas corpus does not lie to review claimed errors which were already considered on a direct appeal (see, People ex rel. Wise v Scully, 163 AD2d 444 ). Nor do the facts of this case indicate a violation of the petitioner’s fundamental constitutional rights such as to warrant a departure from this traditional orderly procedure (see, People ex rel. Keitt v McMann, 18 NY2d 257 ). Rosenblatt, J. P., Miller, O’Brien and Ritter, JJ., concur.
Cases cited
- People ex rel. Keitt v. McMann 18 NY2d 257 p. 370