PEOPLE EX REL. GONZALEZ v. BENNETT


263 A.D.2d 565 (1999)

693 N.Y.S.2d 263

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SANTO GONZALEZ, Appellant, v. FLOYD BENNETT, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided July 1, 1999.


Petitioner commenced this habeas corpus proceeding alleging that the second count of the indictment was jurisdictionally defective because it does not contain factual allegations to support every element of the crime of attempted murder in the first degree. Supreme Court dismissed the petition and we affirm.

Because petitioner could have raised this issue on direct appeal from his conviction or in his CPL 440.10 motion, habeas corpus relief is unavailable in this...

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