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PEOPLE EX REL. SCHAURER v. FOGG

59 A.D.2d 1072 (1977)

The People of the State of New York ex rel. Marvin H. Schaurer, Petitioner, v. Walter Fogg, as Superintendent of The Green Haven Correctional Facility, Respondent

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

August 11, 1977

Application by petitioner for a writ of habeas corpus. Application denied.

The petitioner is presently under custody pursuant to a sentence of the County Court, Monroe County, rendered February 9, 1977. The judgment is presently on appeal to the Appellate Division, Fourth Department. The writ of habeas corpus is not a substitute for an appeal (cf. CPL 210.30, subd 6). If the matter sought to be passed upon by means of a writ of habeas corpus is not permitted under...

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