PEOPLE EX REL. RIVERA v. SMITH


244 A.D.2d 944 (1997)

665 N.Y.S.2d 184

The People of the State of New York ex rel. Luis Rivera, Appellant, v. Carl Smith, as Superintendent of Marcy Correctional Facility, Respondent

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

November 19, 1997


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition for a writ of habeas corpus. Relator is not entitled to habeas corpus relief based upon his contentions that he was deprived of his right to appeal and his right to effective assistance of appellate counsel, and that a newly discovered witness might have exonerated him upon a retrial. Relator's appeal has in fact been perfected and decided (People v Rivera...

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