PEOPLE EX REL. McMAHON v. KUHLMANN


206 A.D.2d 588 (1994)

616 N.Y.S.2d 258

The People of the State of New York ex rel. John S. McMahon, Appellant, v. Robert H. Kuhlmann, as Superintendent of Sullivan Correctional Facility, Respondent

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

July 7, 1994


Petitioner argues in this habeas corpus proceeding that he should be released from prison as he was never properly arraigned. Even if habeas corpus is the appropriate remedy for petitioner, we nevertheless reject this contention as lacking in merit. The record reveals that petitioner did in fact appear in court with his attorney on December 9, 1985 at which time he was presented with a copy of the indictment, thus satisfying the basic statutory requirements with regard to...

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