People ex rel. Oberoi v. Yelich

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

Petitioner is serving an aggregate prison term of 3 to 9 years following his 2004 conviction of manslaughter in the second degree and leaving the scene of an accident without reporting. Following unsuccessful appearances before the Board of Parole in October 2006 and April 2008, petitioner commenced this CPLR article 70 proceeding seeking to challenge the Board’s…