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PEOPLE EX REL. MELVIN v. WARDEN ORANGE COUNTY JAIL

94 A.D.2d 808 (1983)

The People of the State of New York ex rel. Roy Lee Melvin, Appellant, v. Warden Orange County Jail, Respondent

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

May 31, 1983

Judgment affirmed, without costs or disbursements.

It is well settled that habeas corpus is not to serve as a substitute for an appeal (see, e.g., People ex rel. Frazier v Coombe, 87 A.D.2d 904). The issues raised by petitioner in his application for habeas corpus relief can be developed in his appeal from the judgment of conviction. Accordingly, we hold that it was not improper for the Supreme Court, Orange County, to dismiss...

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