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PEOPLE EX REL. DUSHAIN v. ERCOLE

64 A.D.3d 669 (2009)

881 N.Y.S.2d 899

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CARL DUSHAIN, Appellant, v. ROBERT E. ERCOLE, Respondent.

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

Decided July 14, 2009.

Ordered that the judgment is affirmed, without costs or disbursements.

A writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by a postjudgment motion addressed to the court in which an underlying judgment of conviction was rendered (see People ex rel. Almeyda v Schultz, 18 A.D.3d 582 [2005]; People ex rel. Barnes v Fischer, 303...

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