People ex rel. Spencer v. Miller

—Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered February 10, 2000 in Ulster County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, serving a prison term of 12 years for his conviction of the crime of burglary in the second degree, commenced this proceeding for a writ of habeas corpus contending that he was denied effective assistance of counsel at the Grand Jury proceedings during which he waived his immunity and testified. Supreme Court dismissed the petition and we affirm.…