People ex rel. Piazza v. Cunningham

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 26, 2009 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

*1022Petitioner was convicted of manslaughter in the first degree in 1999 and was sentenced to a prison term of 12V2 to 25 years. He thereafter commenced this CPLR article 70 proceeding seeking a writ of habeas corpus, alleging that the documentation purporting to authorize his sentence is insufficient. Supreme Court dismissed the application, and petitioner now appeals.

We affirm. Initially, we…