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PEOPLE EX REL. JOHNSON v. WALKER

262 A.D.2d 1005 (1999)

692 N.Y.S.2d 632

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHNATHAN JOHNSON, Appellant, v. HANS WALKER, as Superintendent of Auburn Correctional Facility, Respondent.

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

Decided June 18, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition for a writ of habeas corpus because the issues were raised or could have been raised on defendant's prior direct appeals or by a postjudgment motion pursuant to CPL article 440 (see, People v Johnson, 211 A.D.2d 826, lv dismissed 85 N.Y.2d 939; People v Johnson, 181 A.D.2d 914

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