People ex rel. Justice v. Racette

Lahtinen, J.P.

Appeal from a judgment of the Supreme Court (McKeighan, J.), entered December 7, 2012 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was acquitted by reason of mental disease or defect in the killing of two persons, but sentenced to prison upon his conviction of various crimes stemming from the killing of two others (People v Justice, 202 AD2d 981 [1994], lv denied 83 NY2d 968 [1994]; People v Justice, 173 AD2d 144, 146 [1991]). He was released to parole in 2005, and was further subject to…