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PEOPLE EX REL. GONZALEZ v. SMITH

518582

122 A.D.3d 1045 (2014)

995 N.Y.S.2d 846

2014 NY Slip Op 07725

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SANTO GONZALEZ, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided November 13, 2014.

Supreme Court denied petitioner's application for a writ of habeas corpus and we now affirm, albeit on different grounds. Petitioner was convicted of numerous crimes in 1981, including attempted murder in the first degree, and is presently serving a lengthy term of imprisonment. He has already challenged that conviction upon direct appeal and in collateral proceedings, including in CPL article 440 motions and habeas corpus proceedings...

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