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People ex Rel. Van Patten v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1058 (N.Y. App. Div. 1991)

Opinion

June 7, 1991

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Callahan, J.P., Denman, Boomer, Balio and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court properly dismissed relator's habeas corpus petition because the only issues raised in the petition either were or could have been raised on the direct appeal from the judgment of conviction or by way of a motion pursuant to CPL article 440 (see, People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903, affg for reasons stated 67 A.D.2d 587, 589; People ex rel. Lamberty v Kuhlmann, 165 A.D.2d 922; People ex rel. Grady v LeFevre, 152 A.D.2d 850, lv denied 75 N.Y.2d 702).


Summaries of

People ex Rel. Van Patten v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1058 (N.Y. App. Div. 1991)
Case details for

People ex Rel. Van Patten v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT VAN PATTEN, SR.…

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

Date published: Jun 7, 1991

Citations

174 A.D.2d 1058 (N.Y. App. Div. 1991)

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