PEOPLE EX REL. MURRAY v. GOORD


268 A.D.2d 827 (2000)

700 N.Y.S.2d 867

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DEXTER MURRAY, Appellant, v. GLENN S. GOORD, as Commissioner of New York Department of Correctional Services, et al., Respondents.

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

Decided January 20, 2000.


Petitioner, having been found guilty of two counts of robbery, attempted possession of a weapon and attempted burglary, commenced this proceeding for a writ of habeas corpus with respect to the two robbery convictions contending that his procedural and constitutional rights were violated. 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 relief is unavailable (see, People ex rel. Charles...

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