Appellate Division of the Supreme Court of New York, 1989

People ex rel. Abdul-Matiyn v. Lefevre

People ex rel. Abdul-Matiyn v. Lefevre
Appellate Division of the Supreme Court of New York · Decided May 11, 1989
150 A.D.2d 891; 540 N.Y.S.2d 914; 1989 N.Y. App. Div. LEXIS 6190
People ex rel. Abdul-Matiyn v. Lefevre

Opinion of the Court

Inasmuch as petitioner’s application for a writ of habeas corpus asserts no issue which could not have been raised in his direct appeal, his application for a writ of error coram nobis or his three CPL 440.10 motions—indeed, he concedes each of his arguments has already been judicially reviewed— the writ was properly denied (see, People ex rel. Douglas v Vincent, 50 NY2d 901, 903; People ex rel. Rosado v Miles, 138 AD2d 808).

Judgment affirmed, without costs. Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.

Opinion of the Court

Appeal from a judgment of the Supreme Court (Plumadore, J.), entered August 5, 1988 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

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