People ex rel. La Rose v. Campbell

Appeal from a judgment of the County Court of Albany County (Breslin, J.), entered March 7, 1995, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In this habeas corpus proceeding, petitioner, who is currently in the custody of respondent Commissioner of Mental Health pursuant to his plea of not responsible by reason of mental disease to two counts of sodomy in the first degree, seeks a writ asserting that the proceeding in which he originally entered his plea was defective. At the outset, we note that although…