PEOPLE EX REL. ENCARNACION v. McGINNIS


2 A.D.3d 933 (2003)

767 N.Y.S.2d 708

THE PEOPLE OF THE STATE OF NEW YORK ex rel. BERNABE ENCARNACION, Appellant, v. MICHAEL McGINNIS, as Superintendent of Southport Correctional Facility, Respondent.

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

December 4, 2003.


In 1996, petitioner, an inmate, was charged with the stabbing death of a fellow inmate. Following a jury trial, petitioner was found guilty of the crimes of murder in the second degree and promoting prison contraband in the first degree and was sentenced to a term of imprisonment of 25 years to life.

In December 2002, petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus, contending that various violations of his constitutional and procedural...

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