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PEOPLE EX REL. DONATO v. KIRKPATRICK

KAH 09-00756.

73 A.D.3d 1450 (2010)

899 N.Y.S.2d 719

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID DONATO, Appellant, v. ROBERT A. KIRKPATRICK, Superintendent, Wende Correctional Facility, Respondent.

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

Decided May 7, 2010.

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 was improperly sentenced as a persistent violent felony offender could have been raised on direct appeal from the judgment of conviction or by way of a motion pursuant to CPL article 440 and thus habeas corpus relief does not lie (see People ex rel...

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