People ex rel. Murphy v. Ewald

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the appeal is from a judgment of the Supreme Court, Suffolk County (Pines, J), dated March 4, 2010, which granted the petition and sustained the writ. By decision and order on motion of this Court dated April 22, 2010, enforcement of the judgment was stayed pending hearing and determination of the appeal.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the writ is dismissed.

In December 1989 the petitioner was convicted of criminal sale of a controlled…