People ex rel Hurley v. Jubert

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered December 28, 2007 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2004, petitioner was convicted of multiple felonies and was sentenced to an aggregate term of 13 to 39 years in prison. The sentence and commitment form directed that he be “committed to the custody of the New York City Department of Correction to be delivered to and incarcerated in the appropriate correctional facility.” Following his incarceration,…