PEOPLE EX REL. MARTINEZ v. GRAHAM

KAH 11-02306.

98 A.D.3d 1312 (2012)

951 N.Y.S.2d 423

2012 NY Slip Op 6480

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MANUEL MARTINEZ, Appellant, v. HAROLD D. GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.

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

September 28, 2012.


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

Memorandum: Supreme Court properly dismissed the petition in this habeas corpus proceeding. Petitioner sought that relief based on his contention that the court in which he was convicted lacked personal jurisdiction over him. "Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440...

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