Legal Opinion

People ex rel. Lainfiesta v. Lape

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 2011PublishedCited by 8 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 13, 2008 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1995, petitioner was convicted of murder in the second degree and criminal possession of a weapon in the second degree for which he was sentenced, respectively, to concurrent prison terms of 25 years to life and 5 to 15 years. His conviction was later affirmed on appeal (People v Lainfiesta, 257 AD2d 412 [1999], lv denied 93 NY2d 926 [1999]). Petitioner then…

2Cases cited5 opinions

  1. Shawn Ian Lainfiesta v. Christopher Artuz, Superintendent, Greenhaven Corr. Facility Elliot Spitzer, Attorney GeneralCourt of Appeals for the Second Circuit · 2001
  2. People v. LainfiestaAppellate Division of the Supreme Court of the State of New York · 1999
  3. People ex rel. Brown v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
  4. People ex rel. Velez v. ArtusAppellate Division of the Supreme Court of the State of New York · 2008
  5. People ex rel. Funches v. WalshAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by8 opinions

  1. People ex rel. Burr v. RockAppellate Division of the Supreme Court of the State of New York · 2012
  2. People ex rel. Collins v. BillnierAppellate Division of the Supreme Court of the State of New York · 2011
  3. People ex rel. Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 2012
  4. People ex rel. Fulton v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2012
  5. People ex rel. Latta v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2016

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