People ex rel. Johnson v. McGinnis

Appeal from a judgment of the Supreme Court (Rumsey, J.), entered July 12, 2005 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner is currently incarcerated at Southport Correctional Facility in Chemung County, having been convicted of the crimes of kidnapping in the second degree, attempted rape in the first degree, robbery in the first degree and two counts of bail jumping in the first degree (see People v Johnson, 181 AD2d 914 [1992], lv denied 80 NY2d 833 [1992], cert denied sub…