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People ex rel. Haymon v. Meloni

233 A.D.2d 903 Court N.Y. App. Div. Decision date 1996-11-08 English

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p. 903
The People of the State of New York ex rel. Alan Haymon, Appellant, v Andrew P. Meloni, as Monroe County Sheriff, Respondent.
[649 NYS2d 866]

Judgment unanimously affirmed without costs. Memorandum: Because the issues raised by relator concerning the circumstances of his arrest could have been reviewed either on direct appeal or on a CPL article 440 motion, County Court properly dismissed his petition seeking a writ of habeas corpus (see, People ex rel. Nelson v Scully, 119 AD2d 709 , lv denied 69 NY2d 602 ). (Appeal from Judgment of Monroe County Court, Smith, J.—Habeas Corpus.) Present—Pine, J. P., Fallon, Wesley, Davis and Boehm, JJ.

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