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PEOPLE EX REL. DUAMUTEF v. DALSHEIM

211 A.D.2d 835 (1995)

622 N.Y.S.2d 83

The People of the State of New York ex rel. Duaut A. Duamutef, Also Known as Beresford Duncan, Appellant, v. Stephen Dalsheim, Superintendent, Respondent

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

January 30, 1995

Ordered that the judgment is affirmed, without costs or disbursements.

A habeas corpus proceeding is not proper in the present case because even if the petitioner's claims were meritorious, the only remedy would be a new trial, not immediate release from prison (see, People ex. rel. Fisher v Leonardo, 200 A.D.2d 844). Therefore, the application was properly...

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