Appellate Division of the Supreme Court of New York, 1992

People ex rel. Ross v. Irvin

People ex rel. Ross v. Irvin
Appellate Division of the Supreme Court of New York · Decided December 30, 1992
188 A.D.2d 1087; 592 N.Y.S.2d 1020; 1992 N.Y. App. Div. LEXIS 15021
People ex rel. Ross v. Irvin

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Because petitioner’s contention that his conviction was obtained in violation of CPL 310.10 could have been raised on direct appeal or on a motion pursuant to CPL article 440, habeas corpus is not an appropriate remedy (see, People ex rel. Hall v LeFevre, 92 AD2d 956, *1088affd 60 NY2d 579; People ex rel. Nelson v Scully, 119 AD2d 709, lv denied 69 NY2d 602; People ex rel. Thomas v LeFevre, 102 AD2d 925, lv denied 63 NY2d 604). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Habeas Corpus.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.

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