People ex rel. Sacco v. Greene

Appeal from a judgment of the Supreme Court (Berke, J.), entered March 29, 2004 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, who is serving a sentence of 25 years to life for a murder conviction, filed this application for a writ of habeas corpus contending that the state lacked territorial jurisdiction to indict and prosecute him because the murder was committed in another state. Supreme Court denied petitioner’s application without a hearing and this appeal ensued. Inasmuch…