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PEOPLE EX REL. STEWART v. PEOPLE

143 A.D.2d 1068 (1988)

The People of the State of New York ex rel. Andrew Stewart, Appellant, v. The People of the State of New York, Respondent

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

October 31, 1988

Ordered that the judgment is affirmed, without costs or disbursements.

The petition was properly dismissed as the petitioner's contentions regarding his alleged erroneous sentencing to consecutive terms of incarceration and the trial court's failure to submit a lesser included offense to the jury are "claims which were or could have been reviewed on direct appeal from [the] judgment of conviction [and] are not subject to...

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