People ex rel. Jackson v. Morgenthau

Appeal from a judgment of the Supreme Court (Garry, J.), entered February 24, 2009 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2002, petitioner was convicted of robbery in the first degree and criminal possession of a weapon in the second and third degrees and was sentenced as a second violent felony offender to an aggregate prison term of 17 years. That conviction was later affirmed on appeal (People v Jackson, 15 AD3d 221 [2005], lv denied 4 NY3d 854 [2005]). Petitioner thereafter commenced this CPLR article…