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PEOPLE EX REL. RODRIGUEZ v. WALKER

278 A.D.2d 943 (2000)

718 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSE M. O. RODRIGUEZ, Appellant, v. HANS G. WALKER, as Superintendent of Auburn Correctional Facility, Respondent. (Appeal No. 1.)

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

Decided December 27, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition seeking a writ of habeas corpus. The issues raised therein either were raised or could have been raised on defendant's prior direct appeal or by a postjudgment motion pursuant to CPL article 440 (see, People ex rel. Johnson v Walker, 262 A.D.2d 1005, lv denied 93 N.Y.2d 818, cert denied 528 U.S. 1165...

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