PEOPLE EX REL. CAROSELLI v. GOORD


268 A.D.2d 827 (2000)

700 N.Y.S.2d 869

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DINO CAROSELLI, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided January 20, 2000.


Petitioner, having been found guilty of attempted robbery in the first degree, commenced this proceeding for a writ of habeas corpus contending that the People failed to legally establish the attempted robbery charge and that he was denied due process and effective assistance of counsel. Supreme Court dismissed the petition and we affirm. Given that the issues could have been and were raised on a direct appeal or in a motion pursuant to CPL 440.10, we find that habeas corpus...

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