People ex rel. Devine v. Scully

Petitioner is incarcerated at Green Haven Correctional Facility pursuant to a judgment of the Supreme Court, New York County (Goodman, J.), rendered September 21, 1979, which convicted him of murder in the second degree and criminal possession of a weapon in the third degree and imposed sentence. The judgment was affirmed on appeal (People v Devine, 89 AD2d 825) and an application for leave to appeal was denied (People v Devine, 58 NY2d 691).

Thereafter, petitioner commenced this habeas corpus proceeding to obtain his release. He contends that the Supreme Court, New York County, lacked…