People ex rel. Johnson v. Lacy

Appeal from a judgment of the Supreme Court (Demarest, J.), entered April 22,1997 in Franklin County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1985, petitioner was sentenced as a second felony offender to an indeterminate term of imprisonment of 6V2 to 13 years. He was paroled in 1993; however, in 1994 he was convicted of the crime of robbery in the third degree, receiving a sentence of six months in jail and five years’ probation. Following his release, petitioner was again involved in the criminal…