Legal Opinion

People ex rel. Brown v. Commissioner of New York State Department of Correctional

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

Decided July 2, 1998PublishedCited by 6 opinions

1Opinion of the Court

—Appeal from a judgment of the Supreme Court (Demurest, J.), entered March 23, 1998 in Franklin County, which dismissed petitioner’s application in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this proceeding for a writ of habeas corpus, contending that the indictment which led to his conviction of murder in the second degree was jurisdictionally defective, that the prosecution was improperly allowed to amend the indictment and that he received ineffective assistance of trial counsel. Supreme Court dismissed the application and we affirm. Given that…

2Cases cited2 opinions

  1. People ex rel. Rodriguez v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1997
  2. People ex rel. Barrett v. ScullyAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. People ex rel. Lanfair v. CorcoranAppellate Division of the Supreme Court of the State of New York · 2009
  2. People ex rel. Wright v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
  3. People ex rel. Curry v. GirdichAppellate Division of the Supreme Court of the State of New York · 2002
  4. People ex rel. Gonzalez v. BennettAppellate Division of the Supreme Court of the State of New York · 1999
  5. People ex rel. Hall v. BennettAppellate Division of the Supreme Court of the State of New York · 1999

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