People ex rel. Martinez v. West

Appeal from a judgment of the Supreme Court (O’Brien, III, J.), entered November 12, 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 commenced this CPLR article 70 proceeding for a writ of habeas corpus alleging that he is being unlawfully detained because County Court lacked jurisdiction, allegedly having not arraigned petitioner on the indictment. Supreme Court denied the application and we affirm. The record reveals that petitioner could have and/or did raise this issue on…