People ex rel. Grady v. LeFevre

Appeal from a judgment of the Supreme Court (Plumadore, J.), entered January 6, 1989 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner instituted this proceeding following the dismissal of his Federal habeas corpus proceeding for failure to provide this State’s courts with an opportunity to pass on the Federal constitutional issues raised in his Federal habeas corpus petition. This court has consistently held that the extraordinary writ of habeas corpus is not generally available to…