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People ex rel. Rossi v. Bartlett

192 A.D.2d 995 Court N.Y. App. Div. Decision date 1993-04-29 English

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p. 995
The People of the State of New York ex rel. Randolph Rossi, Appellant, v George Bartlett, as Superintendent of Elmira Correctional Facility, Respondent.
[597 NYS2d 603]

—Appeal from a judgment of the Supreme Court (Monserrate, J.), entered August 7, 1992 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We find that Supreme Court properly denied petitioner’s application for a writ of habeas corpus. Petitioner’s allegations concerning his indictment could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Woodard v Berry, 143 AD2d 457 , 458, lv denied 73 NY2d 705 ; People ex rel. Davis v Coombe, 97 AD2d 667 ). Further, the facts alleged by petitioner do not merit a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 AD2d 850 , lv denied 75 NY2d 702 ).

Mikoll, J. P., Yesawich Jr., Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed, without costs.

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