People ex rel. Scott v. Superintendent

Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered October 26, 1984 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner is presently serving a prison sentence of 25 years to life imposed upon him with other concurrent sentences following conviction, after trial, of murder in the second degree, rape, sodomy and other crimes. Timely appeal of this conviction has been taken by petitioner and is presently pending before the Appellate Division, Second…