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People ex rel. Sneed v. Lacy

Appellate Division of the Supreme Court of New York, Third Department
Jul 6, 1995
217 A.D.2d 731 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, Franklin County (Plumadore, J.).


Petitioner was convicted of the crime of manslaughter in the first degree and sentenced as a second felony offender to a term of imprisonment of 5 to 10 years. Petitioner subsequently initiated this proceeding pursuant to CPLR article 70, contending that the Grand Jury proceeding by which he was indicted was defective. Habeas corpus relief is inappropriate where, as here, petitioner's arguments have been or may be raised on direct appeal or by a motion pursuant to CPL article 440. Further, petitioner has not made a sufficient showing of circumstances which would require a departure from traditional orderly procedure.

Cardona, P.J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

People ex rel. Sneed v. Lacy

Appellate Division of the Supreme Court of New York, Third Department
Jul 6, 1995
217 A.D.2d 731 (N.Y. App. Div. 1995)
Case details for

People ex rel. Sneed v. Lacy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. TROY SNEED, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 6, 1995

Citations

217 A.D.2d 731 (N.Y. App. Div. 1995)
629 N.Y.S.2d 305

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