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The PEOPLE of the State of New York ex rel Raymond CIMINO, No.02–B–2364, Relator v. NYS DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

MICHAEL M. MOHUN, J.

Upon reading and filing the above-named relator's petition for a writ of habeas corpus, verified December 21, 2015, and it appearing that this matter is inappropriate for habeas corpus relief because the relator seeks to challenge a judgment of conviction and sentence rendered in another court based upon grounds which either have been, or which could be, raised and decided by direct appeal or through a proceeding brought for relief pursuant to CPL Article 440 (see People ex rel Knox v. Smith, 60 A.D.2d 789 [4th Dept., 1977], leave to appeal denied by 43 N.Y.2d 647 [1978] ; People ex rel Abdullah v. Walker, 199 A.D.2d 1074 [4th Dept., 1993], leave to appeal denied by 83 N.Y.2d 752 [1994] ; People ex rel. Spencer v. Burge, 307 A.D.2d 772 [4th Dept., 2003] ; People ex rel. Reed v. Travis, 12 AD3d 1102 [4th Dept., 2005], leave to appeal denied by 4 NY3d 704 [2004] ; People ex rel. Gloss v. Murray, 35 AD3d 1186 [4th Dept., 2006], leave to appeal denied by 8 NY3d 807 [2007] ), and there being no basis shown for a departure from "traditional orderly procedure" in this case (People ex rel. Tuszynski v. Stallone, 117 AD3d 1472 [4th Dept., 2014] ; People ex rel. Keitt v. McMann, 18 N.Y.2d 257 [1966] ),

NOW, THEREFORE, it is hereby

ORDERED that the petition is denied in all respects without a hearing.

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People ex rel. Cimino v. NYS Dep't of Corr. & Cmty. Supervision
(Jan 4, 2016)