PEOPLE v. McCOY


11 A.D.3d 985 (2004)

782 N.Y.S.2d 389

THE PEOPLE OF THE STATE OF NEW YORK ex rel. BERNARD PITTS, Appellant, v. JOSEPH McCOY, as Superintendent of Cayuga Correctional Facility, Respondent.

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

October 1, 2004.


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

Memorandum:

We reject the contention of petitioner that Supreme Court should have granted his petition for a writ of habeas corpus. The contentions of petitioner could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 (see People ex rel. Patterson v Berbary, 299 A.D.2d 850

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