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People ex Rel. Sims v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Apr 4, 1996
226 A.D.2d 800 (N.Y. App. Div. 1996)

Opinion

April 4, 1996

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


Upon being convicted of the crime of criminal possession of a weapon in the third degree, petitioner was sentenced as a persistent felony offender to a term of 10 years to life in prison. He commenced this habeas corpus proceeding challenging his sentence as illegal on the ground that he should not have been sentenced as a persistent felony offender. Inasmuch as petitioner's argument could have been raised on direct appeal or via a CPL article 440 motion, we agree with Supreme Court that habeas corpus is not an appropriate remedy ( see, People ex rel. McGourty v. Senkowski, 213 A.D.2d 954, lv denied 85 N.Y.2d 812; People ex rel. Cotton v. Senkowski, 187 A.D.2d 850, lv denied 81 N.Y.2d 703). Accordingly, we affirm Supreme Court's judgment.

Mikoll, J.P., Crew III, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

People ex Rel. Sims v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Apr 4, 1996
226 A.D.2d 800 (N.Y. App. Div. 1996)
Case details for

People ex Rel. Sims v. Senkowski

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANDREW SIMS, Appellant, v…

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

Date published: Apr 4, 1996

Citations

226 A.D.2d 800 (N.Y. App. Div. 1996)
640 N.Y.S.2d 820

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