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People ex rel. Ross v. Irvin

188 A.D.2d 1087 Court N.Y. App. Div. Decision date 1992-12-30 English

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p. 1087
The People of the State of New York ex rel. Ronald A. Ross, Appellant, v Frank E. Irvin, as Superintendent of Wende Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: Because petitioner’s contention that his conviction was obtained in violation of CPL 310.10 could have been raised on direct appeal or on a motion pursuant to CPL article 440, habeas corpus is not an appropriate remedy (see, People ex rel. Hall v LeFevre, 92 AD2d 956 ,

p. 1088
affd 60 NY2d 579 ; People ex rel. Nelson v Scully, 119 AD2d 709 , lv denied 69 NY2d 602 ; People ex rel. Thomas v LeFevre, 102 AD2d 925 , lv denied 63 NY2d 604 ). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Habeas Corpus.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.

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