Majority
p. 640The People of the State of New York ex rel. George Veytruba, Petitioner, v Eugene S. LeFevre, as Superintendent of Clinton Correctional Facility, Respondent.
Decision dated October 7, 1983, rescinded and application pursuant to CPLR 7002 (subd [b], par 2) for writ of habeas corpus, denied on the ground that petitioner’s challenge to the legality of the sentence could have been reviewed directly by way of appeal or pursuant to GPL article 440 in the court of conviction (see People ex rel. World v Jones, 88 AD2d 1096 ). Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.
Cases cited
- People ex rel. World v. Jones 88 AD2d 1096 p. 640