PEOPLE EX REL. GRADY v. LeFEVRE


152 A.D.2d 850 (1989)

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

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

July 13, 1989


Casey, J.

Petitioner instituted this proceeding following the dismissal of his Federal habeas corpus proceeding for failure to provide this State's courts with an opportunity to pass on the Federal constitutional issues raised in his Federal habeas corpus petition. This court has consistently held that the extraordinary writ of habeas corpus is not generally available to raise issues which could have been advanced on direct appeal or pursuant to CPL article...

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