People ex rel. Gonzalez v. Walsh

—Rose, J.

In 1982, petitioner was convicted of the crime of murder in the second degree and was sentenced to 20 years to life in prison. Thereafter, his conviction was affirmed on appeal (People v Gonzalez, 111 AD2d 1079, Iv denied 65 NY2d 980) and his subsequent motions pursuant to CPL 440.10 and 440.20, as well as his motion for a writ of error coram nobis, were denied. In August 2001, petitioner made the instant application for a writ of habeas corpus asserting that the initial charges against him were dismissed as unfounded and that the People violated CPL 190.75 (3) by resubmitting the…