PEOPLE EX REL. NAILOR v. KIRKPATRICK

524816.

156 A.D.3d 1100 (2017)

65 N.Y.S.3d 469

2017 NY Slip Op 08781

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SCOTT R. NAILOR, Appellant, v. MICHAEL KIRKPATRICK, as Superintendent of Clinton Correctional Facility, et al., Respondents.

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

Decided December 14, 2017.


Petitioner is currently serving an aggregate prison term of 25 to 75 years following his 1999 conviction of multiple counts of sodomy in the first degree, sodomy in the second degree and sexual abuse in the second degree. He commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming that, among other things, the indictment was defective and Supreme Court lacked jurisdiction. Supreme Court denied petitioner's application without a hearing, and petitioner...

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