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PEOPLE EX REL. ABDUL-AZIZ v. MARSHALL

2008-10810

68 A.D.3d 902 (2009)

2009 NY Slip Op 9263

889 N.Y.S.2d 482

THE PEOPLE OF THE STATE OF NEW YORK ex rel. KHALIL ABDUL-AZIZ, Formerly Known as ROBERT COLLINS, Appellant, v. LUIS R. MARSHALL, Respondent.

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

Decided December 8, 2009.

Ordered that the judgment is affirmed, without costs or disbursements.

"A writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by a postjudgment motion addressed to the court in which an underlying judgment of conviction was rendered" (People ex rel. Dushain v Ercole, 64 A.D.3d 669 [2009]; see People ex rel...

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