PEOPLE OF THE STATE NEW YORK v. WEST


22 A.D.3d 996 (2005)

802 N.Y.S.2d 391

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RAMON ALVAREZ, 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 (O'Brien III, J.), entered February 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 pleaded guilty in 1979 to the first count of a two-count indictment charging felony murder and was sentenced to 15 years to life in prison. As relayed by petitioner, his attempt at appeal was unsuccessful. Petitioner thereafter...

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