People ex rel. Thomas v. Stinson

—Appeal from a judgment of the Supreme Court (Berke, J.), entered May 18, 1998 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1979, petitioner was convicted of murder in the second degree and sentenced to a prison term of 25 years to life. Petitioner thereafter commenced this proceeding for a writ of habeas corpus contending that he was never arraigned on the felony complaint which allegedly formed the basis of his conviction and that, therefore, the local criminal court where the…