PEOPLE EX REL. ROSARIO v. LA VALLEE


55 A.D.2d 771 (1976)

The People of the State of New York ex rel. Narciso Rosario, Appellant, v. J. Edwin La Vallee, as Superintendent of Clinton Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1976


The petition alleges that his conviction is illegal because the Grand Jury which indicted him was illegally constituted through the unconstitutional exclusion of "negroes" from its membership. The application contains absolutely no factual allegations of such exclusion and is entirely insufficient to raise any legal question which could possibly affect the legality of his detention. Since the application is inadequate to raise a...

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