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THE PEOPLE OF THE STATE OF NEW YORK ex rel. KENNETH GOSS, Appellant, v. HAROLD J. SMITH, as Superintendent of Attica Correctional Facility, Respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division only insofar as it concludes that habeas corpus does not lie ( 116 A.D.2d 968).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

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PEOPLE EX REL. GOSS v. SMITH
(Jan 15, 1987)