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PEOPLE EX REL. COLLINS v. J.F. BILLNIER

510823.

87 A.D.3d 1208 (2011)

929 N.Y.S.2d 778

2011 NY Slip Op 6510

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JUNIOR COLLINS, Appellant, v. J.F. BILLNIER, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided September 22, 2011.

In 2009, petitioner, an inmate, made application for a writ of habeas corpus seeking release from prison, claiming that his detention is illegal because the penal statute under which he was convicted (People v Collins, 287 A.D.2d 271 [2001]) is unconstitutional. Supreme Court denied the application without a hearing. Petitioner's appeal from that denial was originally filed in the Court of Appeals and then transferred to this Court...

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