People ex rel. Bunting v. McGinnis

Appeal from a judgment of the Supreme Court (O’Brien, III, J.), entered October 29, 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.

Petitioner is currently incarcerated and serving a term of 20 years to life in prison upon his conviction of murder in the second degree. He filed a petition for a writ of habeas corpus alleging, among other things, that the indictment was jurisdiction-ally defective. Supreme Court denied petitioner’s application without a hearing, resulting in this appeal.

We…