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PEOPLE EX REL. SPENCER v. BURGE

307 A.D.2d 772 (2003)

762 N.Y.S.2d 858

THE PEOPLE OF STATE OF NEW YORK ex rel. JAMES SPENCER, Appellant, v. JOHN W. BURGE, as Superintendent of Auburn Correctional Facility, Respondent.

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

Decided July 3, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition seeking a writ of habeas corpus. "Habeas corpus relief is not a proper remedy where the issues raised in the petition were, or could have been, raised on direct appeal or by a CPL article 440 motion" (People ex rel. Abdullah v Walker,<...

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