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PEOPLE EX REL. BROOKS v. SMITH

52 A.D.2d 1078 (1976)

The People of the State of New York ex rel. Charles R. Brooks, Appellant, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

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

May 28, 1976

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a dismissal of a writ of habeas corpus by which he sought to challenge as excessive the sentences imposed after his plea of guilty. However, subsequent to this dismissal, defendant unsuccessfully challenged the sentences on this same ground in his appeal from the judgment of conviction (People v Brooks, 50 A.D.2d 725). Since the propriety of...

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