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PEOPLE EX REL. WILLETTE v. COUGHLIN

184 A.D.2d 926 (1992)

The People of the State of New York ex rel. Steven Willette, Appellant, v. Thomas A. Coughlin, Iii, as Commissioner of The Department of Correctional Services of the State of New York, Respondent

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

June 18, 1992

In this CPLR article 70 proceeding, petitioner argues that the Grand Jury which handed up his indictment was unlawfully impaneled and, therefore, there was no jurisdiction to conduct criminal proceedings against him. It is well established that habeas corpus relief is not a proper remedy where the allegations in the petition, including the jurisdictional one presented here, could have been raised either on direct appeal or by way...

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