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PEOPLE EX REL. PITTS v. UNGER

60 A.D.3d 1358 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK ex rel. BERNARD PITTS, Appellant, v. DAVID UNGER, Superintendent, Orleans Correctional Facility, Respondent.

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

Decided March 20, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We reject the contention of petitioner that Supreme Court erred in dismissing his petition for a writ of habeas corpus. Petitioner's contention in support of the petition with respect to double jeopardy could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 (see People ex rel. Pitts v McCoy, 11...

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