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PEOPLE EX REL. BATISTA v. WALKER

198 A.D.2d 865 (1993)

605 N.Y.S.2d 1006

The People of the State of New York ex rel. Carmelo Batista, 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.

November 19, 1993

Judgment unanimously affirmed.

Memorandum:

Because relator's argument that the indictment was jurisdictionally defective could have been raised on direct appeal or pursuant to CPL article 440, habeas corpus is not an appropriate remedy (see, People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903, affg for reasons stated 67 A.D.2d 587; People ex rel. Van Patten v Walker...

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