People ex rel. King v. Duncan

—Mugglin, J.

Appeal from a judgment of the Supreme Court (Berke, J.), entered August 24, 2000 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 filed this application for a writ of habeas corpus asserting that the District Attorney’s cross-examination of him before the Grand Jury was prejudicial and inflammatory, rendering the indictment invalid and the court without jurisdiction to proceed. Petitioner further asserts that he should be allowed to raise this issue in this proceeding,…