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PEOPLE EX REL. VAN PATTEN v. WALKER

174 A.D.2d 1058 (1991)

The People of the State of New York ex rel. Robert Van Patten, Sr., Appellant, v. Hans Walker, as Superintendent of Auburn Correctional Facility, Respondent

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

June 7, 1991

Judgment unanimously affirmed.

Memorandum:

Supreme Court properly dismissed relator's habeas corpus petition because the only issues raised in the petition either were or could have been raised on the direct appeal from the judgment of conviction or by way of a motion pursuant to CPL article 440 (see, People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903, affg for reasons stated 67 A...

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