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PEOPLE EX REL. ROBINSON v. GRAHAM

1474 KAH 09-00208

68 A.D.3d 1706 (2009)

2009 NY Slip Op 9789

892 N.Y.S.2d 692

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL ROBINSON, Appellant, v. HAROLD GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.

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

Decided December 30, 2009.

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

Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. "The contention of petitioner that he is entitled to immediate release because the indictment was jurisdictionally defective could have been raised on direct appeal or by way of a CPL article 440 motion, and thus habeas corpus relief does not lie" (People ex rel. Lewis v Graham,

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