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PEOPLE EX REL. THIGPEN v. CUNNINGHAM

510491.

85 A.D.3d 1512 (2011)

925 N.Y.S.2d 916

2011 NY Slip Op 5601

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JEFFREY THIGPEN, Appellant, v. RAYMOND CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided June 30, 2011.

Petitioner, who is serving a lengthy prison sentence following his 1996 conviction of various crimes including robbery in the first degree (People v Thigpen, 256 A.D.2d 601 [1998], lv denied 93 N.Y.2d 930 [1999]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus alleging that his waiver of immunity before the grand jury was ineffective. However, habeas corpus relief is unavailable because petitioner...

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