PEOPLE EX REL. BARNETT v. SENKOWSKI


294 A.D.2d 686 (2002)

741 N.Y.S.2d 458

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID A. BARNETT, Appellant, v. DANIEL SENKOWSKI, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided May 9, 2002.


Mercure, J.

In 1993, petitioner was convicted of murder in the second degree in Broome County. He filed no timely notice of appeal and his motion for an extension of the time to perfect an appeal was denied by this Court. Petitioner subsequently moved in Supreme Court, Broome County, for an order vacating the judgment of conviction pursuant to CPL 440.10. That motion and petitioner's subsequent motion to reargue were both denied and this Court denied petitioner's...

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