People ex rel. Frantz v. Smith

Appeal from a judgment of the Supreme Court (Work, J.), entered December 20, 2005 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted of murder in the second degree (two counts), robbery in the first degree (two counts), robbery in the second degree and criminal possession of a weapon in the second degree. The judgment was affirmed on appeal (People v Frantz [Jean-Louis], 272 AD2d 626 [2000], lv denied 95 NY2d 889, 890 [2000]). Petitioner commenced this proceeding in 2005 pursuant to CPLR article…