PEOPLE EX REL. BUDDEN v. TAYLOR

508674.

74 A.D.3d 1696 (2010)

902 N.Y.S.2d 453

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANDRE BUDDEN, Appellant, v. JUSTIN TAYLOR, as Superintendent of Gouverneur Correctional Facility, Respondent.

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

Decided June 24, 2010.


In 1994, petitioner was convicted of murder in the second degree, two counts of robbery in the first degree and attempted robbery in the first degree, and was sentenced to an aggregate term of 81/3 to 25 years in prison. He brought this CPLR article 70 proceeding seeking a writ of habeas corpus on the basis that a certificate of conviction was never issued. Supreme Court denied the petition without a hearing. Petitioner appeals.

We affirm. Inasmuch as petitioner's...

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