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PEOPLE EX REL. HECTOR LOPEZ v. KEANE

294 A.D.2d 626 (2002)

740 N.Y.S.2d 888

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSE HECTOR LOPEZ, Appellant, v. JOHN P. KEANE, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided May 2, 2002.

Rose, J.

Petitioner entered a counseled plea of guilty to the charge of murder in the second degree in Suffolk County in 1992. Prior to sentencing, he moved for leave to withdraw his guilty plea, claiming his innocence. County Court (Weissman, J.) denied the motion and sentenced him to a term of 15 years to life in prison. Petitioner's conviction was affirmed on appeal by the Second Department in 1994 (People v Lopez, 209 A.D.2d 545

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