People ex rel. Finkelstein v. Kuhlmann

Levine, J. P.

Appeal from a judgment of the Supreme Court (Williams, J.), entered June 26, 1991 in Sullivan County, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was indicted on two counts of murder in the second degree charging him with intentionally causing the death of another person (see, Penal Law § 125.25 [1]) and causing the death of another person by reckless conduct creating a grave risk of death under circumstances evincing a depraved indifference to human life (see, Penal Law § 125.25 [2]). Following…