Whether the Supreme Court of the State of New York, Appellate Division/Fourth Department, erred in allowing Defendant/Petitioner to take a direct appeal from an improper procedure to attack his judgment of conviction seven years after he completed his sentence, despite his original failure to follow state appellate procedures which would have barred federal review of the case in the absence of showing cause for and prejudice from the failure or sometimes in the absence of showing proof that the bar would result in a miscarriage of justice.

Questions Presented 1) Procedural Default is the failure to follow state appellate procedures which bars : federal review of the case in the absence of showing cause for and prejudice from the failure or sometimes in the absence of showing proof that the bar would result in a miscarriage of justice. originally failed to follow state appellate procedures to attack his underlying conviction. Nevertheless, seven years : after he completed his sentence, the Supreme Court of the State of New York, | Appellate Division/Fourth Department, agreed he showed good cause to allow him to take a direct appeal from an improper procedure to attack his judgment of “conviction. (