PEOPLE EX REL. STEPHENS v. SMITH


64 A.D.2d 1008 (1978)

The People of the State of New York ex rel. Levi Stephens, 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.

September 15, 1978


Judgment unanimously affirmed.

Memorandum:

On this appeal from a dismissal of his writ of habeas corpus without a hearing, relator asserts that the court should have considered the merits of his contention that he was deprived of his right to appear before the Grand Jury under CPL 190.50 (subd 5, par [a]). A writ of habeas corpus can be utilized to review neither claimed errors already passed on in an earlier appeal...

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