People ex rel. Roman v. Haggett

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered December 31, 2008 in Saratoga County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted in 2003 of assault in the second degree and sentenced as a second felony offender to a prison term of seven years followed by five years of postrelease supervision. Petitioner’s conviction and sentence were affirmed by this Court on appeal (People v Roman, 19 AD3d 739 [2005]). In September 2008, petitioner commenced this habeas corpus…