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PEOPLE EX REL. ARMSTRONG v. HANSLMAIER

211 A.D.2d 938 (1995)

621 N.Y.S.2d 947

The People of the State of New York ex rel. Delano C. Armstrong, 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.

January 12, 1995

Petitioner's contentions, which regard the legality of the indictment upon which he was convicted and the alleged failure of the trial court to decide a motion to dismiss on speedy trial grounds, could have been raised on direct appeal or in a motion pursuant to CPL article 440. In fact, petitioner concedes that the issue as to the indictment was the subject of such a motion, which was denied. Habeas corpus is generally not an...

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