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PEOPLE EX REL. HARRIS v. CONWAY

48 A.D.3d 353 (2008)

851 N.Y.S.2d 352

THE PEOPLE OF THE STATE OF NEW YORK ex rel. YUSUF HARRIS, Appellant, v. JAMES T. CONWAY, as Superintendent of Attica Correctional Facility, et al., Respondents.

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

Decided February 26, 2008.

The petition was improperly brought in a county other than the county of incarceration (see Matter of Hogan v Culkin, 18 N.Y.2d 330 [1966]). Furthermore, petitioner's challenge to the validity of his criminal conviction may not be raised by way of habeas corpus (see e.g. People ex rel. Grant v Scully, 190 A.D.2d 543 [1993], appeal dismissed 92 N.Y.2d 946 [1998]), and is meritless...

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