PEOPLE EX REL. RADA v. GOORD


274 A.D.2d 795 (2000)

711 N.Y.S.2d 921

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL RADA, Appellant, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

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

Decided July 20, 2000.


Petitioner, having been found guilty of two counts of murder in the second degree, attempted robbery in the first degree and attempted murder in the second degree, commenced this habeas corpus proceeding with respect to the charge of attempted murder in the second degree contending that the indictment on this charge was jurisdictionally defective because it charged a legally impossible and nonexistent crime. Petitioner's application was dismissed by Supreme Court and we affirm...

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