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PEOPLE EX REL. ALLAH v. LEONARDO

170 A.D.2d 730 (1991)

The People of the State of New York ex rel. Malik Allah, 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.

February 7, 1991

Although petitioner argues that his continued imprisonment is illegal because the jury before which he was tried was unlawfully constituted, such an argument could have been raised either by way of direct appeal or by a motion pursuant to CPL article 440 (see, People ex rel. Rosado v Miles, 138 A.D.2d 808). The facts which petitioner now asserts were either known or ascertainable...

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