People ex rel. Vickery v. Griffin

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 15, 2013 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this proceeding for a writ of habeas corpus alleging various constitutional violations in connection with his conviction of criminal sexual act in the first degree and seeking release from prison. Supreme Court dismissed the petition without a hearing and petitioner now appeals.

We affirm. The record establishes that petitioner previously submitted an identical writ of…