People ex rel. Engel v. LaClair

Peters, J.P Appeal from a judgment of the Supreme Court (Feldstein, J.), entered August 6, 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.

In 2003, petitioner was convicted of assault in the second degree and sentenced to a prison term of three years with two years of postrelease supervision. In January 2008, petitioner was charged with various violations of his postrelease conditions. He pleaded guilty to one of the charges and, as a result, he was ordered held until the expiration date…