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PEOPLE EX REL. AVERY v. LeFEVRE

105 A.D.2d 1015 (1984)

The People of the State of New York ex rel. Woodson Avery, 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 29, 1984

The arguments advanced by petitioner in support of his application for a writ of habeas corpus could have been, but were not, raised on direct appeal from the underlying criminal conviction. Thus, habeas corpus is not appropriate (see, e.g., People ex rel. Thomas v LeFevre, 102 A.D.2d 925; People ex rel. Davis v Coombe, 97 A.D.2d 667). Indeed, petitioner seems to recognize that the issues...

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