People ex rel. Wise v. Keane

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered December 8, 1997 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner is presently serving concurrent prison terms total*920ing 25 years to life for his 1978 conviction of the crimes of robbery in the first degree, burglary in the first degree and two counts of murder in the second degree. In 1997, petitioner commenced this habeas corpus proceeding contending that the indictment was duplicitous. Supreme Court dismissed the petition and we affirm.…