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THE PEOPLE OF THE STATE OF NEW YORK ex rel. LARRY PHIFER, Appellant, v. CHARLES J. SCULLY, as Warden of New York State Department of Correctional Ser

Judgment affirmed, without costs or disbursements.

The claims petitioner raises were or could have been reviewed on the direct appeal from the judgment of conviction. Hence, they are not subject to review by habeas corpus (see People ex rel. Williams v. Scully, 107 A.D.2d 729; People ex rel. Douglas v Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901; People ex rel. Taylor v Commissioner of Correction, 100 A.D.2d 525; People ex rel. Hall v LeFevre, 92 A.D.2d 956, affd 60 N.Y.2d 579). Mollen, P.J., Bracken, O'Connor and Niehoff, JJ., concur.

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PEOPLE EX REL. PHIFER v. SCULLY
(Jan 14, 1985)