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PEOPLE EX REL. FLORES v. MILLER

201 A.D.2d 820 (1994)

609 N.Y.S.2d 865

The People of the State of New York ex rel. Roberto Flores, Appellant, v. David L. Miller, as Superintendent of Wallkill Correctional Facility, Respondent

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

February 10, 1994

We affirm. Even aside from the apparent procedural difficulties with the application discussed by Supreme Court, petitioner has not demonstrated a right to relief on the merits. 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...

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