PEOPLE EX REL. THOMAS v. STINSON


257 A.D.2d 890 (1999)

682 N.Y.S.2d 646

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT THOMAS, Appellant, v. JAMES J. STINSON, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided January 21, 1999.


In 1979, petitioner was convicted of murder in the second degree and sentenced to a prison term of 25 years to life. Petitioner thereafter commenced this proceeding for a writ of habeas corpus contending that he was never arraigned on the felony complaint which allegedly formed the basis of his conviction and that, therefore, the local criminal court where the complaint was filed lacked jurisdiction to render the conviction. Supreme Court denied petitioner's application and...

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