PEOPLE EX REL. GARCIA v. SMITH

525800.

173 A.D.3d 1570 (2019)

101 N.Y.S.3d 664

2019 NY Slip Op 05237

The People of the State of New York ex rel. Edward Garcia, Appellant, v. Brandon J. Smith, as Superintendent of Greene Correctional Facility, Respondent.

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

Decided June 27, 2019.


In July 2016, petitioner was sentenced to 3½ years in prison, to be followed by three years of postrelease supervision, after pleading guilty to burglary in the second degree. In February 2017, petitioner commenced this proceeding pursuant to CPLR article 70 seeking a writ of habeas corpus alleging prosecutorial misconduct, that the indictment was jurisdictionally defective, that he received ineffective assistance of counsel, that he was denied the right to a speedy...

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