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PEOPLE EX REL. KUBY v. WARDEN, BROOKLYN HOUSE OF DETENTION

305 A.D.2d 339 (2003)

757 N.Y.S.2d 889

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RONALD L. KUBY et al., on Behalf of IOURII P. LITVINENKO, Petitioners, v. WARDEN, BROOKLYN HOUSE OF DETENTION, Respondent. IBE TRADE CORP., Nonparty.

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

Decided May 1, 2003.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

Although it is well settled that a writ of habeas corpus may not be used to review questions that could have been raised on direct appeal (see People ex rel. Pearson v Garvin, 211 A.D.2d 690 [1995]), we conclude that the fundamental statutory claim presented by the petitioners and the circumstances of the case present an...

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