People ex rel. Gonzalez v. New York State Department of Correctional Services

Petitioner is serving a lengthy term of imprisonment as a result of his conviction of attempted murder in the first degree, attempted assault in the first degree, burglary in the second degree and two counts of criminal possession of a weapon in the second degree. He has unsuccessfully challenged those convictions upon direct appeal and in collateral proceedings, including several motions made pursuant to CPL article 440. Petitioner *887subsequently brought this habeas corpus proceeding, arguing that the indictment failed to allege every material element of the crimes charged and was…