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PEOPLE EX REL. FULTON v. LAPE

61 A.D.3d 1227 (2009)

876 N.Y.S.2d 665

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALVIN FULTON JR., Appellant, v. WILLIAM LAPE, as Superintendent of Coxsackie Correctional Facility, Respondent.

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

Decided April 23, 2009.

Petitioner, who is serving a 25-year prison term following his 2002 conviction of course of sexual conduct against a child in the first degree (People v Fulton, 13 A.D.3d 1217 [2004], lv denied 4 N.Y.3d 830 [2005]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending, among other things, that the trial court lacked subject matter jurisdiction and he was denied...

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