Legal Opinion
People ex rel. Alvarez v. West
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 2005PublishedCited by 9 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (O’Brien III, J.), entered February 23, 2004 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.
Petitioner pleaded guilty in 1979 to the first count of a two-count indictment charging felony murder and was sentenced to 15 years to life in prison. As relayed by petitioner, his attempt at appeal was unsuccessful. Petitioner thereafter commenced this CPLR article 70 proceeding for a writ of habeas corpus contending that the indictment was jurisdictionally…
2Cases cited4 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People ex rel. Wright v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
- People ex rel. Curry v. GirdichAppellate Division of the Supreme Court of the State of New York · 2002
- People ex rel. Bunting v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by9 opinions
- People ex rel. Riley v. BradtAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Smythe v. MillerAppellate Division of the Supreme Court of the State of New York · 2020
- People ex rel. Richards v. YelichAppellate Division of the Supreme Court of the State of New York · 2011
- People ex rel. Spaulding v. NapoliAppellate Division of the Supreme Court of the State of New York · 2008
- People ex rel. Franza v. WalshAppellate Division of the Supreme Court of the State of New York · 2010
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