PEOPLE EX REL. THOMAS v. DRAY


197 A.D.2d 853 (1993)

604 N.Y.S.2d 865

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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


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 A.D.2d 968, 969, affd 69 N.Y.2d 727; People ex rel...

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