PEOPLE EX REL. BUNTING v. McGINNIS


8 A.D.3d 795 (2004)

777 N.Y.S.2d 921

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHNNIE BUNTING, 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.

June 10, 2004.


Petitioner is currently incarcerated and serving a term of 20 years to life in prison upon his conviction of murder in the second degree. He filed a petition for a writ of habeas corpus alleging, among other things, that the indictment was jurisdictionally defective. Supreme Court denied petitioner's application without a hearing, resulting in this appeal.

We affirm. Habeas corpus relief is inappropriate where the issues the petitioner seeks to raise could have been...

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