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PEOPLE EX REL. KNOX v. SMITH

60 A.D.2d 789 (1977)

The People of the State of New York ex rel. Herbert Knox, 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.

December 16, 1977

Judgment unanimously affirmed.

Memorandum:

On this appeal from a judgment dismissing his writ of habeas corpus relator seeks review of issues that were raised or could have been raised on his direct appeal from the judgment of conviction which he seeks to avoid. We affirmed the conviction (44 A.D.2d 910). A writ of habeas corpus can neither be utilized to review claimed errors already passed on in an earlier appeal (People ex rel. Keitt v McMann,

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