PEOPLE EX REL. LATTA v. MARTUSCELLO

521024.

140 A.D.3d 1421 (2016)

32 N.Y.S.3d 517

2016 NY Slip Op 04755

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOUGLAS LATTA, Appellant, v. DANIEL F. MARTUSCELLO JR., as Superintendent of Coxsackie Correctional Facility, Respondent.

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

Decided June 16, 2016.


Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus on the grounds that his conviction for various crimes in 2013 violated the constitutional prohibition against double jeopardy and that he was denied the right to counsel during his trial. Supreme Court denied the application following a hearing and petitioner now appeals.

"It is well settled that habeas corpus relief is not an appropriate remedy for resolving claims that could...

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