People ex rel. Burr v. McGinnis

Appeal from a judgment of the Supreme Court (Castellino, J.), entered December 23, 1999 in Chemung County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, having been found guilty of murder in the second *952degree, assault in the second degree and criminal possession of a weapon in the fourth degree, commenced this proceeding for a writ of habeas corpus contending that he is unlawfully detained because the order of commitment was insufficient, the indictment was defective and the sentences imposed…