PEOPLE EX REL. JACKSON v. NEW YORK STATE DEP'T OF CORR. SERVS.


253 A.D.2d 919 (1998)

678 N.Y.S.2d 304

The People of the State of New York ex rel. Erwin Jackson, Appellant, v. New York State Department of Correctional Services, Respondent

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

September 10, 1998


Petitioner, an inmate at Fishkill Correctional Facility in Dutchess County, commenced this habeas corpus proceeding contending that his conviction for the crime of robbery in the first degree was illegal on double jeopardy grounds. On this appeal from Supreme Court's dismissal of the petition, petitioner abandons the double jeopardy argument and contends that jurisdictional defects in respondent's return and the court's failure to afford him an evidentiary hearing require...

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