SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
February 20, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. PHILIP DI LAVORE, APPELLANT,
VINCENT R. MANCUSI, AS WARDEN OF ATTICA PRISON, RESPONDENT
Appeal from judgment of Wyoming County Court, dismissing writ of habeas corpus, following a hearing.
Del Vecchio, J. P. Marsh, Witmer, Gabrielli and Moule, JJ.
Judgment unanimously affirmed. It should also be noted that, upon the facts presented, habeas corpus is not the proper remedy.
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