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THE PEOPLE OF THE STATE OF NEW YORK ex rel. MIGUEL A. MARTINEZ, Appellant, v. DANIEL A. SENKOWSKI, as Superintendent of Clinton Correctional Facility, Respondent.

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, commenced this habeas corpus proceeding to challenge the legality of search warrants obtained in connection with his underlying criminal convictions. Inasmuch as petitioner failed to raise these claims on direct appeal or by a motion pursuant to CPL article 440, we find that Supreme Court properly dismissed the petition ( see, People ex rel. Sneed v. Lacy, 217 A.D.2d 731, lv denied 86 N.Y.2d 708; People ex rel. Armstrong v Hanslmaier, 211 A.D.2d 938, lv denied 85 N.Y.2d 807) and affirm its judgment.

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

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PEOPLE EX REL. MARTINEZ v. SENKOWSKI
(May 9, 1996)