People ex rel. Dixon v. D. Rock

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 26, 2010 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 February 2003, petitioner was convicted of two counts of arson in the second degree and one count of arson in the third degree and was sentenced as a second violent felony offender to an aggregate term of 12 years in prison. Petitioner’s judgment of conviction was affirmed on appeal (People v Dixon, 19 AD3d 131 [2005], lv denied 5 NY3d 805 [2005]). Petitioner…