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PEOPLE EX REL. PANGBURN v. HODGES

281 A.D.2d 973 (2001)

722 N.Y.S.2d 211

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARK B. PANGBURN, Appellant, v. GARY F. HODGES, as Superintendent of Gowanda Correctional Facility, et al., Respondents.

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

Decided March 21, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition for a writ of habeas corpus. Because the contentions raised in the petition "could have been raised on direct appeal or pursuant to CPL article 440, habeas corpus is not an appropriate remedy" (People ex rel. Batista v Walker, 198 A.D.2d 865, lv denied 83 N.Y.2d...

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