PEOPLE EX REL. SPENCER v. MILLER


277 A.D.2d 551 (2000)

716 N.Y.S.2d 621

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES SPENCER, 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 November 2, 2000.


Petitioner, serving a prison term of 12 years for his conviction of the crime of burglary in the second degree, commenced this proceeding for a writ of habeas corpus contending that he was denied effective assistance of counsel at the Grand Jury proceedings during which he waived his immunity and testified. Supreme Court dismissed the petition and we affirm. Inasmuch as petitioner has raised this issue in his pending direct appeal or could have raised it in a CPL article...

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