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PEOPLE EX REL. GLOSS v. COSTELLO

309 A.D.2d 1160 (2003)

764 N.Y.S.2d 895

THE PEOPLE OF STATE OF NEW YORK ex rel. RICHARD GLOSS, Appellant, v. JOSEPH COSTELLO, as Superintendent of Mid-State Correctional Facility, Respondent.

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

Decided October 2, 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 for a writ of habeas corpus because the issues raised therein either were raised or could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 (see People ex rel. Mammarello v Donnelly, 286 A.D.2d 937 [2001...

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