PEOPLE EX REL. THOMAS v. BARTLETT


198 A.D.2d 639 (1993)

604 N.Y.S.2d 837

The People of the State of New York ex rel. Wayne Thomas, Appellant, v. George Bartlett, as Superintendent of Elmira Correctional Facility, Respondent

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

November 10, 1993


We affirm. It is well settled that habeas corpus relief is not a proper remedy where the allegations in the petition could have been raised either on direct appeal or by way of a CPL article 440 motion. In the absence of proof warranting a departure from traditional orderly procedure, petitioner's application for a writ of habeas corpus was properly denied.

Ordered that the judgment is affirmed,...

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