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Judgment unanimously affirmed without costs. Memorandum: Because the issues raised by relator concerning the circumstances of his arrest could have been reviewed either on direct appeal or on a CPL article 440 motion, County Court properly dismissed his petition seeking a writ of habeas corpus (see, People ex rel. Nelson v Scully, 119 AD2d 709, lv denied 69 NY2d 602). (Appeal from Judgment of Monroe County Court, Smith, J.—Habeas Corpus.) Present—Pine, J. P., Fallon, Wesley, Davis and Boehm, JJ.
Document Info
Citation Numbers: 233 A.D.2d 903, 649 N.Y.S.2d 866
Filed Date: 11/8/1996
Precedential Status: Precedential
Modified Date: 1/13/2022