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PEOPLE EX REL. FORSYTHE v. POOLE

56 A.D.3d 1239 (2008)

866 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARVIN FORSYTHE, Appellant, v. THOMAS POOLE, Superintendent, Five Points Correctional Facility, Respondent.

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

November 14, 2008.

Memorandum:

Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that the court in which he was convicted lacked jurisdiction. Contrary to petitioner's contention, Supreme Court properly dismissed the petition sua sponte. The issues raised in the petition either could have been or were raised on direct appeal or by a motion pursuant to CPL article 440 (see People ex rel. Smith v Burge, 11 A.D.3d 907...

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