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PEOPLE EX REL. MOORE v. MILLER

244 A.D.2d 735 (1997)

664 N.Y.S.2d 388

The People of the State of New York ex rel. Le Roy Moore, Appellant, v. David L. Miller, as Superintendent of Eastern Correctional Facility, Respondent

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

November 20, 1997

Petitioner is currently incarcerated at Eastern Correctional Facility in Ulster County for his 1985 conviction of the crime of sodomy in the first degree (People v Moore, 132 A.D.2d 776, lv denied 70 N.Y.2d 802). In September 1996, petitioner commenced this proceeding for a writ of habeas corpus contending that the Grand Jury which indicted him refused to call the witnesses he requested, thereby resulting in a jurisdictionally...

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