PEOPLE EX REL. ALBERT v. STEVEN RACETTE

512945.

95 A.D.3d 1568 (2012)

944 N.Y.S.2d 708

2012 NY Slip Op 4045

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH L. ALBERT, Appellant, v. STEVEN RACETTE, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided May 24, 2012.


Following a jury trial, petitioner was convicted of, among other things, depraved indifference murder, and he is currently incarcerated. He now makes the instant application for a writ of habeas corpus seeking to be released from prison asserting that there was insufficient evidence presented at trial to convict him of depraved indifference murder. Supreme Court denied his application without a hearing and this appeal ensued.

It is well settled that a habeas corpus...

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