MATTER OF STEWART v. CLYNE


83 A.D.2d 982 (1981)

In the Matter of George R. Stewart, Petitioner, v. John J. Clyne, Respondent

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

September 29, 1981


Application, pursuant to CPLR article 78, for judgment vacating and modifying a sentence imposed upon a judgment of conviction rendered August 15, 1978, denied, and petition dated June 24, 1981 dismissed.

Remedy by way of CPLR article 78 does not lie inasmuch as the alleged error can be raised upon direct appeal from the judgment of conviction. Application for permission to proceed as a poor person with assigned counsel and for a free copy of the trial minutes of...

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