People ex rel. Burr v. Clark

Judgment unanimously affirmed without costs. Memorandum: The petitions seeking writs of habeas corpus were properly dismissed. Contrary to petitioner’s contention, an evidentiary hearing was not required because no triable issue of fact was raised (see, People ex rel. Robertson v New York State Div. of Parole, 67 NY2d 197, 203; see, People ex rel. Lewis v Meloni, 233 AD2d 947, 948, lv denied 89 NY2d 807). Petitioner contends that he is being unlawfully detained because the order of commitment does not indicate that he was convicted of criminal possession of a weapon in the fourth degree,…