People ex rel. Clark v. Walsh

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered September 4, 2009 in Sullivan County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1983, petitioner abducted a 12-year-old girl at gunpoint, raped and sodomized her, then forced her into a suitcase and abandoned her. He subsequently pleaded guilty to rape in the first degree and kidnapping in the second degree and was sentenced to a prison term of 8V3 to 25 years.* As a condition of his release to parole supervision in 2003, petitioner…