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IN RE: the PEOPLE of the State of New York EX REL. Jeremiah GRIFFIN, Petitioner–Appellant, v. WARDEN, NYC DEPARTMENT OF CORRECTIONS, Respondent.
Judgment, Supreme Court, New York County (April A. Newbauer, J.), entered August 20, 2024, denying the petitioner for a writ of habeas corpus, unanimously affirmed, without costs.
The majority of petitioner's claims, including that his speedy trial rights were violated and that the complaining witness wants the charges against petitioner dropped, are unpreserved (see e.g. People ex rel. Witty v. Warden of Rikers Is. Correctional Facility, 248 A.D.2d 333, 670 N.Y.S.2d 472 [1st Dept. 1998], lv denied 91 N.Y.2d 814, 676 N.Y.S.2d 127, 698 N.E.2d 956 [1998]), and we decline to consider these claims in the interest of justice.
As for the claims that are preserved, we find that the court properly denied the petition (see People ex rel. Grant v. Scully, 190 A.D.2d 543, 593 N.Y.S.2d 1009 [1st Dept. 1993], appeal dismissed 92 N.Y.2d 946, 681 N.Y.S.2d 476, 704 N.E.2d 229 [1998]; People ex rel. Kitchen v. White, 158 A.D.2d 437, 437, 552 N.Y.S.2d 9 [1st Dept. 1990], lv denied 76 N.Y.2d 702, 559 N.Y.S.2d 239, 558 N.E.2d 41 [1990]; see also People ex rel. Harrington v. Cully, 103 A.D.3d 1093, 1093, 958 N.Y.S.2d 633 [4th Dept. 2013]).
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Docket No: 3931
Decided: March 18, 2025
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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