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PEOPLE EX REL. PASS v. HOKE

171 A.D.2d 909 (1991)

The People of the State of New York ex rel. Michael Pass, Appellant, v. Robert Hoke, as Superintendent of Eastern Correctional Facility, Respondent

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

March 7, 1991

Because habeas corpus is not a proper vehicle to challenge errors which could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Rosado v Miles, 138 A.D.2d 808; People ex rel. Vasquez v Scully, 105 A.D.2d 722), Supreme Court properly denied petitioner's application for a writ of habeas corpus. Petitioner's appeal from his judgment of conviction...

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