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PEOPLE EX REL. LEWIS v. GRAHAM

KAH 11-00852.

96 A.D.3d 1423 (2012)

945 N.Y.S.2d 903

2012 NY Slip Op 4504

PEOPLE ex rel. NATHAN LEWIS, Appellant, v. HAROLD D. GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.

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

June 8, 2012.

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

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus. We conclude that Supreme Court properly dismissed the petition. Habeas corpus relief is unavailable because petitioner's contention in support of the petition "could have been, or [was], raised on direct appeal or by a motion pursuant to CPL article 440" (People ex rel. Mills v Poole,

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