People ex rel. Lashway v. Thomas

Appeal from a judgment of the Supreme Court (Hayden, J.), entered August 17, 2012 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

As relevant herein, in 1990, petitioner was under parole supervision stemming from a 1978 sentence of 5 to 15 years in prison for rape in the first degree when he was arrested and charged with three counts of rape in the second degree. After a jury found defendant guilty of these charges, he was sentenced, as a second felony offender, to three consecutive prison…