PEOPLE EX REL. MOISE v. COVENY

528369.

175 A.D.3d 1693 (2019)

106 N.Y.S.3d 643

2019 NY Slip Op 06668

The People of the State of New York ex rel. Eddie Moise, Appellant, v. Raymond Coveny, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided September 19, 2019.


Attorney(s) appearing for the Case

Eddie Moise, Elmira, appellant pro se.

Letitia James , Attorney General, Albany ( Martin A. Hotvet of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Mulvey and Aarons, JJ., concur.


Petitioner, who is currently serving a lengthy prison term, commenced this CPLR article 70 proceeding seeking a writ of habeas corpus alleging that the trial court lacked jurisdiction because the evidence before the grand jury was legally insufficient, the prosecutor engaged in misconduct by offering false evidence and the indictment was procedurally and technically defective. Supreme Court denied the petition without a hearing, and this appeal ensued.

We affirm....

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