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PEOPLE EX REL. WALSH v. WOUGHTER

37 A.D.3d 929 (2007)

827 N.Y.S.2d 894

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DONALD WALSH, Appellant, v. CAROL B. WOUGHTER, Respondent.

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

Decided February 8, 2007.

Petitioner is currently incarcerated, having been convicted in 1993 of various crimes including murder in the second degree. He subsequently made two applications for a writ of habeas corpus alleging that his detention was illegal because no criminal complaint had been filed against him. His applications were denied by orders dated October 25, 2005 and February 13, 2006. Thereafter, petitioner moved to vacate the orders based upon...

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