PEOPLE EX REL. AZIZ v. WARDEN OF CLINTON CORR. FACILITY


205 A.D.2d 825 (1994)

615 N.Y.S.2d 298

The People of the State of New York ex rel. Nasr Abdul Aziz, Also Known as Raymond Gilliard, Appellant, v. Warden of Clinton Correctional Facility, Respondent

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

June 2, 1994


We reject petitioner's contention that Supreme Court erred in denying his application for a writ of habeas corpus. As the court noted, habeas corpus relief is not available where the issues raised could have been advanced on direct appeal or by way of a CPL article 440 motion. The issue involved in this petition, attendance of a pro se defendant at sidebar conferences, could be raised by a postjudgment motion and the allegations do not warrant a departure from traditional...

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