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People ex rel. Cottrell v. Richardson

186 A.D.2d 1044 Court N.Y. App. Div. Decision date 1992-10-07 English

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p. 1044
The People of the State of New York ex rel. James Cottrell, Appellant, v Frederick Richardson, as Superintendent of Cayuga Correctional Facility, Respondent.

— Judgment unanimously affirmed. Memorandum: Because petitioner could have raised the same issues on a direct appeal from his judgment of conviction, Supreme Court properly dismissed his application for a writ of habeas corpus (see, People ex rel. Douglas v Vincent, 50 NY2d 901 ; People ex rel. Van Patten v Walker, 174 AD2d 1058 , 1058-1059, lv denied 78 NY2d 859 ). (Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J. — Habeas Corpus.) Present — Green, J. P., Law-ton, Boehm, Fallon and Davis, JJ.

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