SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
June 19, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES KARHAN, APPELLANT,
VINCENT R. MANCUSI, AS WARDEN OF ATTICA STATE PRISON, RESPONDENT
Appeal from judgment of Wyoming County Court, dismissing writ of habeas corpus.
Goldman, P. J., Marsh, Witmer, Moule and Bastow, JJ.
Memorandum: If appellant is entitled to relief, it is not by way of habeas corpus (cf. People v. Montgomery, 24 N.Y.2d 130).
Judgment unanimously affirmed.
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