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In the Matter of JAMES WILLIAMS, Appellant, v. CHARLES J. SCULLY, as Superintendent of Green Ha

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

Generally, claims which were or could have been reviewed on direct appeal from a judgment of conviction are not subject to review by habeas corpus (see, People ex rel. Phifer v Scully, 107 A.D.2d 729). Nor do the facts of this case indicate a violation of the petitioner's fundamental constitutional rights such as to warrant a departure from traditional orderly procedure (cf., Stone v Powell, 428 U.S. 465; People ex rel. Keitt v McMann, 18 N.Y.2d 257). Mangano, J.P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.

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MATTER OF WILLIAMS v. SCULLY
(Dec 21, 1987)