PEOPLE EX REL. SMITH v. MILLER


295 A.D.2d 706 (2002)

743 N.Y.S.2d 326

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RONNIE SMITH, 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 June 13, 2002.


Following his conviction of the crimes of robbery in the first degree, robbery in the second degree, burglary in the second degree, criminal possession of a weapon in the fourth degree and grand larceny in the third degree, petitioner was sentenced to an aggregate prison term of 10 to 20 years. He then filed this habeas corpus proceeding seeking his release from prison on the ground that, inter alia, he was never arraigned in the Town of Thompson Justice Court on the felony...

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