Legal Opinion

People ex rel. Franza v. Lape

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

Decided April 16, 2009PublishedCited by 4 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Lalor, J.), entered September 18, 2008 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, who is serving a lengthy prison term following his 1992 conviction of three counts of attempted murder in the second degree and one count of criminal possession of a weapon in the first degree (People v Franza, 239 AD2d 201 [1997], lv denied 90 NY2d 904 [1997]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus alleging that the…

2Cases cited5 opinions

  1. People ex rel. Smith v. BurgeAppellate Division of the Supreme Court of the State of New York · 2004
  2. People ex rel. Charles v. DeAngeloAppellate Division of the Supreme Court of the State of New York · 1999
  3. People ex rel. Brown v. PeopleAppellate Division of the Supreme Court of the State of New York · 2002
  4. People ex rel. Walsh v. SabourinAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. FranzaAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. People ex rel. Brown v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
  2. People ex rel. Rivas v. WalshAppellate Division of the Supreme Court of the State of New York · 2010
  3. People ex rel. Thigpen v. CunninghamAppellate Division of the Supreme Court of the State of New York · 2011
  4. People ex rel. Brown v. GriffinAppellate Division of the Supreme Court of the State of New York · 2014

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