PEOPLE EX REL. BROWN v. HANSLMAIER


209 A.D.2d 801 (1994)

618 N.Y.S.2d 597

The People of the State of New York ex rel. Fred Brown, Appellant, v. Robert Hanslmaier, as Acting Superintendent of Woodbourne Correctional Facility, Respondent

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

November 10, 1994


Petitioner commenced this habeas corpus proceeding arguing that the evidence before the Grand Jury was insufficient to support his indictment. However, because this argument could have been raised by petitioner on his direct appeal or in his CPL article 440 motion, Supreme Court properly denied the application for a writ of habeas corpus. We also see no reason to depart from traditional orderly procedure in this case. Petitioner...

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