People ex rel. Flax v. Donelli

Ap*1260Appeal from a judgment of the Supreme Court (Feldstein, J.), entered September 21, 2006 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted of rape in the first degree with respect to one victim, and robbery in the second degree and burglary in the second degree with respect to a second victim. He was sentenced, respectively, to concurrent terms of I2V2 to 25 years, 7x/2 to 15 years and 7x/2 to 15 years in prison. The Appellate Division, Fourth Department subsequently ruled that consecutive…