PEOPLE EX REL. RODRIGUEZ v. HOKE


166 A.D.2d 767 (1990)

The People of the State of New York ex rel. Marcelo Rodriguez, Appellant, v. Robert Hoke, as Superintendent of Eastern New York Correctional Facility, Respondent

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

October 18, 1990


Weiss, J.

On August 5, 1976, petitioner was convicted after trial of four counts of murder in the second degree and one count of robbery in the first degree arising out of a double murder at, and a robbery of, a supermarket which occurred on July 21, 1975. On appeal the conviction was affirmed (People v Rodriguez, 67 A.D.2d 837, lv denied 46 N.Y.2d 1084). In June 1989, petitioner made the instant application for a writ of habeas corpus alleging...

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