People ex rel. Rada v. Goord

—Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered September 16, 1999 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, having been found guilty of two counts of murder in the second degree, attempted robbery in the first degree and attempted murder in the second degree, commenced this habeas corpus proceeding with respect to the charge of attempted murder in the second degree contending that the indictment on this charge was jurisdictionally defective because it charged a legally…