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PEOPLE EX REL. CLAYBORNE v. LeFEVRE

90 A.D.2d 923 (1982)

The People of the State of New York ex rel. Joseph Clayborne, Appellant, v. Eugene S. LeFevre, as Superintendent of Clinton Correctional Facility, Respondent

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

November 24, 1982

Since petitioner has an appeal from his criminal conviction pending before the Appellate Division, Second Department, and has not demonstrated any reasons of practicality and necessity requiring departure from traditional orderly proceedings, Special Term properly dismissed the writ of habeas corpus in this case (People ex rel. Keitt v McMann, 18 N.Y.2d 257; People ex rel. Gist v LeFevre, 88 A.D.2d 731

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