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PEOPLE EX REL. FRANZA v. LAPE

61 A.D.3d 1200 (2009)

877 N.Y.S.2d 733

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOMINIC M. FRANZA, Appellant, v. WILLIAM R. LAPE, as Superintendent of Coxsackie Correctional Facility, Respondent.

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

Decided April 16, 2009.

Petitioner, who is serving a lengthy prison term following his 1992 conviction of three counts of attempted murder in the second degree and one count of criminal possession of a weapon in the first degree (People v Franza, 239 A.D.2d 201 [1997], lv denied 90 N.Y.2d 904 [1997]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus alleging that the trial court lacked jurisdiction because the underlying...

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