People ex rel. Clark v. Artus

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 21, 2008 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2004, following a jury trial, petitioner was convicted of *1456burglary in the second degree and possession of burglar’s tools and sentenced, as a second violent felony offender, to concurrent prison terms of 15 years and one year, respectively. Petitioner’s conviction and sentence were affirmed on appeal (People v Clark, 23 AD3d 673 [2005], lv denied 6 NY3d 832…