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PEOPLE EX REL. JACKSON v. NEW YORK STATE DEP'T OF CORR. SERVS.

190 A.D.2d 924 (1993)

The People of the State of New York ex rel. Erwin Jackson, Appellant, v. New York State Department of Correctional Services, Respondent

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

February 11, 1993

Petitioner commenced this habeas corpus proceeding to challenge a 1979 conviction on the ground that procedural errors occurred both before and during his trial. It is well established that habeas corpus is not an appropriate remedy where the allegations in the petition could have been raised on direct appeal or in a CPL article 440 motion (see, People ex rel. Christianson v Berry, 165 A.D.2d 961<...

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