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People v. Heath

Supreme Court, Appellate Division, Second Department, New York.
Jun 5, 2013
107 A.D.3d 748 (N.Y. App. Div. 2013)

Opinion

2013-06-5

The PEOPLE, etc., ex rel. Winston HOLMES, appellant, v. Philip D. HEATH, etc., respondent.

Winston Holmes, Comstock, N.Y., appellant pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Richard Dearing and Simon Heller of counsel), for respondent.


Winston Holmes, Comstock, N.Y., appellant pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Richard Dearing and Simon Heller of counsel), for respondent.

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered September 21, 2011, which, without a hearing, denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, without costs or disbursements.

It appears from the papers submitted by the petitioner in this habeas corpus proceeding that he was duly “prosecuted by indictment” of the grand jury in 1968 (former Code of Criminal Procedure § 222), and there is no basis to grant him the relief he seeks.

DILLON, J.P., CHAMBERS, AUSTIN and HINDS–RADIX, JJ., concur.


Summaries of

People v. Heath

Supreme Court, Appellate Division, Second Department, New York.
Jun 5, 2013
107 A.D.3d 748 (N.Y. App. Div. 2013)
Case details for

People v. Heath

Case Details

Full title:The PEOPLE, etc., ex rel. Winston HOLMES, appellant, v. Philip D. HEATH…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 5, 2013

Citations

107 A.D.3d 748 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4037
965 N.Y.S.2d 881