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People ex rel. Aziz v. Warden of Clinton Correctional Facility

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 825 (N.Y. App. Div. 1994)

Opinion

June 2, 1994

Appeal from the Supreme Court, Clinton County (Lewis, J.).


We reject petitioner's contention that Supreme Court erred in denying his application for a writ of habeas corpus. As the court noted, habeas corpus relief is not available where the issues raised could have been advanced on direct appeal or by way of a CPL article 440 motion. The issue involved in this petition, attendance of a pro se defendant at sidebar conferences, could be raised by a postjudgment motion and the allegations do not warrant a departure from traditional orderly procedure.

Mercure, J.P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

People ex rel. Aziz v. Warden of Clinton Correctional Facility

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 825 (N.Y. App. Div. 1994)
Case details for

People ex rel. Aziz v. Warden of Clinton Correctional Facility

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. NASR ABDUL AZIZ, Also Known as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 2, 1994

Citations

205 A.D.2d 825 (N.Y. App. Div. 1994)
615 N.Y.S.2d 298

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