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PEOPLE EX REL. GOLSTON v. KIRKPATRICK

524053.

153 A.D.3d 1498 (2017)

2017 NY Slip Op 06578

59 N.Y.S.3d 912

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CEDRIC GOLSTON, Appellant, v. MICHAEL KIRKPATRICK, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided September 21, 2017.

Petitioner, who is serving a 25-year prison term pursuant to his 2002 convictions in connection with the robbery of a credit union (People v Golston, 13 A.D.3d 887 [2004], lv denied 5 N.Y.3d 789 [2005]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending that County Court lacked subject matter jurisdiction over the matter once the trial court judge recused...

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