Legal Opinion
People ex rel. Encarnacion v. McGinnis
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 2003PublishedCited by 5 opinions
1Opinion of the Court
— Appeal from a judgment of the Supreme Court (O’Brien, III, J.), entered February 11, 2003 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In 1996, petitioner, an inmate, was charged with the stabbing death of a fellow inmate. Following a jury trial, petitioner was found guilty of the crimes of murder in the second degree and promoting prison contraband in the first degree and was sentenced to a term of imprisonment of 25 years to life.
In December 2002, petitioner commenced this CPLR article…
2Cases cited4 opinions
- People ex rel. Beam v. HodgesAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Mammarello v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Woods v. WalkerAppellate Division of the Supreme Court of the State of New York · 2001
- People v. EncarnacionAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- People ex rel. Mitchell v. CullyAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Woodard v. LapeAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Malik v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Robinson v. Superintendent of Clinton Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2004
- People ex rel. Morgan v. BehrleAppellate Division of the Supreme Court of the State of New York · 2009