PEOPLE EX REL. MARSH v. MILLER


275 A.D.2d 822 (2000)

713 N.Y.S.2d 501

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERIC MARSH, Appellant, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

Decided September 14, 2000.


Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus alleging that he is unlawfully detained because the indictment was jurisdictionally defective and County Court lacked geographic jurisdiction, properly referred to as venue. Supreme Court dismissed petitioner's application and we affirm. The record reveals that petitioner could have raised and/or did raise these issues either on direct appeal from the judgment of conviction or by way of a motion...

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