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PEOPLE EX REL. MOXLEY v. ZON

34 A.D.3d 1185 (2006)

824 N.Y.S.2d 846

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHAKA MOXLEY, Appellant, v. ANTHONY ZON, as Superintendent of Wende Correctional Facility, et al., Respondents.

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

Decided November 17, 2006.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied, without a hearing, petitioner's petition for a writ of habeas corpus. Petitioner was tried on charges of both intentional and depraved indifference murder in the second degree (Penal Law § 125.25 [1], [2]); he was acquitted of intentional murder, but convicted of depraved indifference murder....

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