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PEOPLE EX REL. KLOSIN v. BERBARY

1117 KAH 08-01156.

66 A.D.3d 1429 (2009)

885 N.Y.S.2d 704

2009 NY Slip Op 6994

THE PEOPLE OF THE STATE OF NEW YORK ex rel. PHILIP KLOSIN, Appellant, v. JAMES L. BERBARY, Superintendent, Collins Correctional Facility, Respondent.

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

Decided October 2, 2009.

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

Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. The contentions of petitioner could have been raised on his direct appeal from the judgment of conviction or by way of a CPL 440.10 motion, and thus habeas corpus relief is not available (see People ex rel. Lanfair v Corcoran, 60 A.D.3d 1351 ...

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