People ex rel. Olushesi v. Smith

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered May 12, 2009 in Ulster County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1994, petitioner was convicted of assault in the first degree and was sentenced to 5 to 15 years in prison. He was subsequently released to parole supervision. In 2007, he was convicted of criminal possession of a controlled substance in the second degree and was sentenced as a second felony offender to eight years in prison to be followed by five years of…