PEOPLE EX REL. FRANZA v. WALSH

508852

76 A.D.3d 1160 (2010)

907 N.Y.S.2d 725

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOMINIC M. FRANZA, Appellant, v. JAMES J. WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided September 30, 2010.


Petitioner was convicted in 1992 of three counts of attempted murder in the second degree and one count of criminal possession of a weapon in the first degree, for which he is currently serving a lengthy aggregate prison term. The backer for the indictment against him had two printed words at the top: "Filed" and "Waived." The indictment was handed up and filed, but petitioner nevertheless challenges the indictment by way of this habeas corpus proceeding, arguing that the...

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