Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus asserting that his certificate of conviction is deficient because it failed to reasonably identify his conviction for murder. Supreme Court dismissed the petition and we affirm. Because petitioner could have raised this argument either on his direct appeal or by way of a CPL article 440 motion, habeas corpus relief is not the proper remedy (see People ex rel. Burr v Duncan,
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PEOPLE v. SMITH
6 A.D.3d 841 (2004)
773 N.Y.S.2d 913
THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID BURR, Appellant, v. JOHN SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
April 8, 2004.
April 8, 2004.
Appellate Division of the Supreme Court of the State of New York, Third Department.
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