Legal Opinion
People ex rel. Weay v. Martuscello
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2017No. 524439PublishedCited by 1 opinion
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Fisher, J.), entered December 15, 2016 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.
In 2001, petitioner was convicted of, among other things, murder in the second degree and was sentenced to a prison term of 22 years to life. The judgment of conviction was affirmed upon appeal (People v Weay, 2 AD3d 468 [2003], lv denied 2 NY3d 808 [2004]), and his subsequent motion pursuant to CPL article 440 was denied (People v Weay, 54 AD3d 695 [2008], lv denied 11 NY3d 858 [2008]).…
2Cases cited6 opinions
- People ex rel. Collins v. BillnierAppellate Division of the Supreme Court of the State of New York · 2011
- People ex rel. Lainfiesta v. LapeAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WeayAppellate Division of the Supreme Court of the State of New York · 2008
- People ex rel. Richards v. YelichAppellate Division of the Supreme Court of the State of New York · 2011
- People ex rel. Brown v. KeaneAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by1 opinion
- People ex rel. Moise v. CovenyAppellate Division of the Supreme Court of the State of New York · 2019