People ex rel. VanGuilder v. Fischer

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 30, 2010 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2004, petitioner was sentenced as a second felony offender to a prison term of 3 to 6 years upon his conviction for criminal possession of a controlled substance in the fifth degree. He thereafter commenced this habeas corpus proceeding contending that his sentence was illegally altered after he was refused admission into a shock incarceration program. Supreme…