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PEOPLE EX REL. SHAFFER v. LEONARDO

178 A.D.2d 704 (1991)

The People of the State of New York ex rel. William Shaffer, Appellant, v. Arthur Leonardo, as Superintendent of Great Meadow Correctional Facility, Respondent

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

December 5, 1991

A writ of habeas corpus is not generally available to raise issues which were or could have been raised on direct appeal or by way of a CPL article 440 proceeding (see, People ex rel. Christianson v Berry, 165 A.D.2d 961, lv denied 77 N.Y.2d 805). Given that this is the case here and insofar as the facts do not indicate any circumstances warranting departure from traditional, orderly procedure (see, People...

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