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"Justice Denied"
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ACCUSED, RAILROAD, CONVICTED, and SENTENCED to be "ILLEGALL DETAINED" contrary to New York Legislative Law, C.P.L. § 210.05, L, Chapter 467 § 13. The only Indictment known to law is Indictment entered upon records of Superior Court! Absent such C.P.L.R. § 2106 Prosecutorial asserted N.Y.S. McKinney's, C.P.L. § 200.50 (June 23, 1997) Indictment on Supreme Court record mandate bogus conviction be vacated in compliance to rule of law for my immediate release from illegal detention. Stealthy encroachments via PHANTOM INDICTMENT deprived my, New York State, Constitution, Article One, Section Six, Guaranteed Right to be tried on Indictment (filed) therein Superior Court pursuant C.P.L. § 190.65 (3). Thereby leaving Bronx County, Superior Court "void" the required "Identification of Court Jurisdiction" mandated for "Subject matter Jurisdiction" to have authorized a Superior Court trial by jury!
I presently seek pro bono representation to file Petition pursuant C.P.L.R. Article 70, Habeas Corpus Ad Subjiciedum, to test pursuant New York State, Constitution, Article One, Section Nine, legality of my detention. "No conviction can stand while conspicuously violative to acts of Congress, the New York State Constitution, and blatantly violative to The United State Constitution of America!" Document of proof regarding prosecutorial contempt and inability to prove jurisdiction provided herewith; additional documents to prove Superior Court lack of subject matter jurisdiction and my innocence provided upon request.
Publicly; certified copy of Phantom (June "23" 1997) Indictment, No. 3729/1997 can be requested from Supreme Court, Bronx County, by any person pursuant Judiciary Law § 255-b. Notwithstanding my contention is Clerk of Court cannot produce Indictment which did not and does not exist on originally filed court records. Nor can clerk legally certify any prosecutorial document which violates Penal Law § 175.40. Just as Office of District Attorney, Bronx County, cannot certify under County Law § 700 (6), to having phantom (June "23" 1997) Indictment. Notwithstanding, proving a judicial record of a court within the New York State requires production of a certified copy, C.P.L.R. § 4540. Furthermore, "subject matter jurisdiction" is found to be lacking where no June 23, 1997 True Bill was returned and can be challenged at any time, even on final determination. As "Trial Court" had no jurisdiction from outset under Article VI of the state constitution to try the offenses of which defendant was convicted, People v. Ford 62 N.Y.2d 275, 282.
The right to indictment has been "recognized as not merely a personal privilege of the defendant but a 'public fundamental right', which is the basis of jurisdiction to try an individual, People v. Boston 75 N.Y.2d 585, 587. Also see People v. Livoti 632 N.Y.S.2d at 427 [1], citing New York State Constitution. I appreciate any resourceful assistance to correct an injustice and thank you kindly for reading my ad.
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to me at:
Curtis Davis
#99A2681
Attica Correctional Facility
Box 149
Attica, NY 14011-0149
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