PEOPLE EX REL. McDERMOTT v. ARTUS


38 A.D.3d 957 (2007)

832 N.Y.S.2d 303

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARK K. McDERMOTT, Appellant, v. DALE A. ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided March 1, 2007.


Following his conviction of multiple counts of burglary in the second degree in Herkimer and Oneida Counties, petitioner commenced this CPLR article 70 proceeding seeking a writ of habeas corpus. He based his application upon claims that his waiver of indictment and guilty pleas were involuntary and that the case was improperly prosecuted by the procedure set forth in CPL 195.10. Supreme Court summarily denied the application without a hearing and this appeal ensued.

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