People ex rel. Merriweather v. Miller

Crew III, J. P.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered September 12, 1996 in Ulster County, which denied petitioner’s application for a writ of habeas *873corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Following a jury trial, petitioner was convicted of the crimes of attempted robbery in the first degree and assault in the second degree and sentenced, as a persistent violent felony offender, to concurrent prison terms of 22 years to life and 15 years to life, respectively. Defendant’s conviction was subsequently affirmed by the First Department…