PEOPLE EX REL. MILLER v. ROCK

515889.

109 A.D.3d 1062 (2013)

971 N.Y.S.2d 486

2013 NY Slip Op 6047

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JERRELL MILLER, Appellant, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided September 26, 2013.


Petitioner asserts that he is presently serving an aggregate prison term of 15 years followed by five years of postrelease supervision upon his conviction of robbery in the second degree, robbery in the third degree and attempted robbery in the third degree. He commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming that the indictment was defective and County Court lacked subject matter jurisdiction. Supreme Court denied petitioner's application...

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