People ex rel. Ragland v. Bellnier

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 16, 2009 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 2003, petitioner was convicted of burglary in the second degree as well as possession of burglar’s tools and his conviction *1352was later affirmed on appeal (People v Ragland, 36 AD3d 943 [2007] , lv denied 9 NY3d 925 [2007], cert denied 552 US 1317 [2008] ). In 2009, he brought the instant application for a writ of habeas corpus contending that his detention is…