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PEOPLE EX REL. JOHNSON v. GRAHAM

KAH 08-02636.

67 A.D.3d 1452 (2009)

887 N.Y.S.2d 891

2009 NY Slip Op 08416

THE PEOPLE OF THE STATE OF NEW YORK ex rel. VARSEY JOHNSON, Appellant, v. HAROLD GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.

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

Decided November 13, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that the indictment underlying his conviction is jurisdictionally defective because, although he is named as the sole defendant in the indictment, his name is not specifically mentioned in the sole count thereof. Supreme Court properly...

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