PEOPLE EX REL. MURPHY v. KUHLMANN


207 A.D.2d 937 (1994)

616 N.Y.S.2d 680

The People of the State of New York ex rel. John Murphy, Appellant, v. Robert H. Kuhlmann, as Superintendent of Sullivan Correctional Facility, Respondent

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

September 22, 1994


Habeas corpus is not an appropriate remedy where the issue presented could have been raised on direct appeal or in a motion pursuant to CPL article 440. Here, petitioner's contention concerning his indictment could have been raised in such a manner, and in fact was the subject of an unsuccessful motion pursuant to CPL article 440. Further, the facts of this case do not merit a departure from traditional orderly procedure. We therefore find no error in Supreme Court's dismissal...

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