People ex rel. Tunstall v. Miller

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered March 11, 2005 in Ulster 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 an inmate currently serving concurrent prison terms of 2 to 4 years and 15 years, respectively, upon his 1998 conviction of criminal mischief in the third degree and burglary in the second degree. His conviction was affirmed by this Court on appeal (People v Tunstall, 278 AD2d 585 [2000], lv denied 96 NY2d 788 [2001]) and his federal habeas corpus…