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People ex rel. Thomas v. Dray

197 A.D.2d 853 Court N.Y. App. Div. Decision date 1993-10-01 English

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p. 853
The People of the State of New York ex rel. Victor Thomas, Appellant, v John J. Dray, as Superintendent of Erie County Holding Center, Respondent.
[604 NYS2d 865]

Judgment unanimously affirmed. Memorandum: The issues raised by relator in his habeas corpus petition can be raised on his pending direct appeal from the judgment of conviction or by way of a CPL article 440 motion. Thus, Supreme Court properly dismissed relator’s petition (see, People ex rel. Goss v Smith, 116 AD2d 968 , 969, affd 69 NY2d 727 ; People ex rel. Douglas v Vincent, 67 AD2d 587 , 589, affd 50 NY2d 901 ; People ex rel. Van Patten v Walker, 174 AD2d 1058 ). (Appeal from Judgment of Supreme Court, Erie County, Doyle, Jr., J. —Habeas Corpus.) Present—Callahan, J. P., Pine, Lawton, Doerr and Davis, JJ.

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