PEOPLE EX REL. KING JR. v. DUNCAN


282 A.D.2d 908 (2001)

723 N.Y.S.2d 416

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM KING, JR., Appellant, v. GEORGE DUNCAN, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided April 19, 2001.


Mugglin, J.

Petitioner filed this application for a writ of habeas corpus asserting that the District Attorney's cross-examination of him before the Grand Jury was prejudicial and inflammatory, rendering the indictment invalid and the court without jurisdiction to proceed. Petitioner further asserts that he should be allowed to raise this issue in this proceeding, rather than on direct appeal, because his trial counsel and appellate counsel were the same person, that...

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