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PEOPLE EX REL. OVERBAUGH v. VAN ZANDT

196 A.D.2d 927 (1993)

602 N.Y.S.2d 39

The People of the State of New York ex rel. Warren R. Overbaugh, Appellant, v. Richard Van Zandt, as Superintendent of Greene Correctional Facility, et al., Respondents

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

September 23, 1993

Petitioner contends that he is entitled to habeas corpus relief because the accusatory instrument with which he was charged was defective, denying County Court of jurisdiction. Given that this issue could have been raised on direct appeal or by way of a CPL article 440 motion, we find that habeas corpus is not an appropriate remedy in this case (see, People ex rel. Woodard v Berry, 143 A.D.2d 457, 458, lv denied 73...

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