PEOPLE v. GREENE


13 A.D.3d 1015 (2004)

786 N.Y.S.2d 369

THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRANK SACCO, Appellant, v. GARY GREENE, as Superintendent of Great Meadow Correctional Facility, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 2004.


Petitioner, who is serving a sentence of 25 years to life for a murder conviction, filed this application for a writ of habeas corpus contending that the state lacked territorial jurisdiction to indict and prosecute him because the murder was committed in another state. Supreme Court denied petitioner's application without a hearing and this appeal ensued. Inasmuch as petitioner seeks to raise an issue which could have been advanced on direct appeal or in the context of a...

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