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PEOPLE EX REL. DE CICCO v. LeFEVRE

108 A.D.2d 995 (1985)

The People of the State of New York ex rel. James De Cicco, 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.

February 14, 1985

Kane, J. P.

In this habeas corpus proceeding, petitioner challenges the legality of the sentence imposed upon him on July 6, 1981. Special Term dismissed the instant petition on the ground that the proper means for challenging the sentence are provided in the CPL. This appeal ensued.

This court has consistently held that challenges, such as this, to the legality of a sentence should be reviewed by appeal or pursuant to CPL article 440 rather than...

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