People ex rel. Mills v Colvin

Annotate this Case

Download PDF

People ex rel. Mills v Colvin 2018 NY Slip Op 33654(U) August 7, 2018 Supreme Court, Seneca County Docket Number: 52273 Judge: Daniel J. Doyle Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] STATE OF NEW YORK SUPREME COURT COUNTY OF SENECA The People of the State of New York ex rel. RICHARD MILLS DIN # 02-8-0778, Petitioner -against- DECISION AND JUDGMENT Index No. 52273 SUPERINTENDENT COLVIN, ANDREW CUOMO, GOVERNOR, Respondents The Petitioner herein has filed a petition for a Writ of Habeas Corpus alleging that the respondents lack authority to hold him incarcerated, and that the trial court never had jurisdiction to convict and sentence him. The Petitioner was convicted of Attempted Murder 1" Degree, Attempted Assault I" Degree, Reckless Endangerment I" Degree and Criminal Possession of a Weapon 3'd Degree. He directly appealed his conviction and sentence, and his conviction and sentence were affirmed. (P v Mills, 28 AD 3d 1156(4th Dept., 2006), Iv. Den. 7 NY 3d 903(2006). He received a sentence of 20 years to Life. All issues currently raised could have been, or were, previously addressed by direct appeal or CPL 440 motion. As acknowledged by the petitioner, he has previously filed multiple applications for writ relief in the State and Federal Courts, as well as CPL 440 motions in the State courts. All of the arguments were found meritless. The petitioner still cannot show his entitlement to immediate release, and therefore, a writ of habeas corpus is not warranted. P ex. Rel. Reed v Travis, 12 AD 3d I !02(4th Dept., 2004) Further, writ relief is not warranted when the issues were, or could have been, raised on direct appal or by CPL 440 motion. P ex. Rel. Abdullah v Walker, 199 AD 2d 1074, 1075(4th Dept., 1993), Iv. Den. 83 NY 2d 752(1994); P ex. Rel. Spencer v Burge, 307 AD 2d 772(4th Dept., 2003). The petitioner has raised these issues before and he has made no [* 2] showing of changed circwnstances that would warrant further habeas corpus review. P ex. Rel. Spencer v. Burge, supra; P ex. Rel. Reed v Tedford, 110 AD 3d 1123(3d Dept., 2013). Tire ""'""" • '" '11 - """'"' """ '""'"'"'~ August 7, 2018 Hon. Daniel J. Doyle

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.