PEOPLE EX REL. SILVERIO v. MILLER


283 A.D.2d 702 (2001)

723 N.Y.S.2d 904

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

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

Decided May 3, 2001.


Petitioner is serving a lengthy prison sentence after having been convicted of attempted murder, assault and several weapon-related crimes. He commenced this proceeding for a writ of habeas corpus alleging that his detention is unlawful due to procedural, evidentiary and constitutional errors which occurred during his prosecution. Supreme Court dismissed the application and we affirm.

Inasmuch as the issues advanced by petitioner could have been raised on his direct...

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