Appellate Division of the Supreme Court of New York, 1992

People ex rel. Cottrell v. Richardson

People ex rel. Cottrell v. Richardson
Appellate Division of the Supreme Court of New York · Decided October 7, 1992
186 A.D.2d 1044; 590 N.Y.S.2d 776; 1992 N.Y. App. Div. LEXIS 11641
People ex rel. Cottrell v. Richardson

Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Because petitioner could have raised the same issues on a direct appeal from his judgment of conviction, Supreme Court properly dismissed his application for a writ of habeas corpus (see, People ex rel. Douglas v Vincent, 50 NY2d 901; People ex rel. Van Patten v Walker, 174 AD2d 1058, 1058-1059, lv denied 78 NY2d 859). (Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J. — Habeas Corpus.) Present — Green, J. P., Law-ton, Boehm, Fallon and Davis, JJ.

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