PEOPLE EX REL. STEPHENS v. LEFEVRE


213 A.D.2d 952 (1995)

624 N.Y.S.2d 980

The People of the State of New York ex rel. Cornelius Stephens, Appellant, v. Eugene Lefevre, as Superintendent of Franklin Correctional Facility, Respondent

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

March 30, 1995


The record supports Supreme Court's dismissal of the petition. Petitioner's contention that he was denied his constitutional right to a speedy trial could have been raised on direct appeal or in a motion pursuant to CPL article 440. In fact, the issue was the subject of at least one such motion, which was denied. In addition, as Supreme Court noted, this is not a case involving the deprivation of a substantial constitutional right on the face of the record so as to warrant...

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