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PEOPLE v. WEST

22 A.D.3d 992 (2005)

802 N.Y.S.2d 390

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM F. BONEZ, Appellant, v. CALVIN WEST, as Superintendent of Elmira Correctional Facility, Respondent.

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

October 27, 2005.

Appeal from a judgment of the Supreme Court (Rumsey, J.), entered September 23, 2004 in Chemung County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted in 1981 of murder in the second degree and criminal possession of a weapon in the second degree. Petitioner commenced this CPLR article 70 proceeding for a writ of...

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