PEOPLE EX REL. FRANZA v. CONNOLLY

2015-02294, Ind. No. 1872/14.

140 A.D.3d 803 (2016)

30 N.Y.S.3d 918

2016 NY Slip Op 04248

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOMINIC M. FRANZA, Appellant, v. WILLIAM J. CONNOLLY, Respondent.

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

Decided June 1, 2016.


Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

Since the contentions raised by the petitioner in support of habeas corpus relief could have been raised on direct appeal or in a motion pursuant to CPL 440.10, the Supreme Court properly determined that the requested relief was inappropriate (see CPLR 7003; People ex rel. Goss v Smith,

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