People ex rel. Fauntleroy v. Rock

Petitioner was convicted in 1996 of numerous crimes, including four counts of murder in the second degree, and is currently *983serving a lengthy prison sentence. The judgment of conviction was affirmed upon direct appeal, and he has repeatedly and unsuccessfully moved to vacate it pursuant to CPL article 440 (People v Fauntleroy, 258 AD2d 664 [1999], lv denied 93 NY2d 924 [1999]). He challenges the indictment in this habeas corpus proceeding, arguing that he is innocent and that the failure to identify him by name in each of the counts constitutes a jurisdictional defect. Supreme Court denied…