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PEOPLE EX REL. ALMODOVAR v. BERBARY

KAH 08-01538.

67 A.D.3d 1419 (2009)

887 N.Y.S.2d 890

2009 NY Slip Op 08373

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

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

Decided November 13, 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. Petitioner's contentions could have been raised on direct appeal from the judgment of conviction or by way of a motion pursuant to CPL article 440, and thus habeas corpus relief is unavailable (see People ex rel. Lanfair v Corcoran, ...

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