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PEOPLE EX REL. FRANZA v. SHEAHAN

514159.

100 A.D.3d 1315 (2012)

954 N.Y.S.2d 504

2012 NY Slip Op 8204

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOMINIC M. FRANZA, Appellant, v. MICHAEL SHEAHAN, as Acting Superintendent of Southport Correctional Facility, Respondent.

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

November 29, 2012.

Petitioner is serving a lengthy term of imprisonment and has unsuccessfully pursued habeas corpus relief in the past upon the ground that the indictment against him was filed as waived due to the presence of the word "Waived" on the indictment's pre-printed form backer (People ex rel. Franza v Walsh, 76 A.D.3d 1160, 1160 [2010], lv denied 15 N.Y.3d 716 [2010], cert denied 564 US ___...

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