Petitioner commenced this proceeding for a writ of habeas corpus asserting that he is unlawfully detained because his certificate of conviction is deficient. We agree with Supreme Court's determination that, inasmuch as petitioner could have advanced this argument either on his direct appeal or by way of a motion pursuant to CPL article 440 in the court of original jurisdiction, habeas corpus is not the proper remedy (see, Matter of Lebron v Herbert,
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PEOPLE EX REL. BURR v. DUNCAN
289 A.D.2d 898 (2001)
734 N.Y.S.2d 910
THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID BURR, Appellant, v. GEORGE B. DUNCAN, as Superintendent of Great Meadow Correctional Facility, Respondent.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
Decided December 27, 2001.
Decided December 27, 2001.
Appellate Division of the Supreme Court of the State of New York, Third Department.
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