Majority
p. 943The People of the State of New York ex rel. Jose M. O. Rodriguez, Appellant, v Hans G. Walker, as Superintendent of Auburn Correctional Facility, Respondent. (Appeal No. 1. ) [718 NYS2d 675]
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. The issues raised therein either were raised or could have been raised on defendant’s prior direct appeal or by a postjudgment motion pursuant to CPL article 440 (see, People ex rel. Johnson v Walker, 262 AD2d 1005 , lv denied 93 NY2d 818 , cert denied 528 US 1165 ; People ex rel. Batista v Walker, 198 AD2d 865 , lv denied 83 NY2d 752 ). (Appeal from Judgment of Supreme Court, Cayuga County, Corning, J. — Habeas Corpus.) Present — Wisner, J. P., Hurlbutt, Scudder and Kehoe, JJ.
Cases cited
- People ex rel. Johnson v. Walker 262 AD2d 1005 p. 943