People ex rel. Walsh v. Woughter

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered May 3, 2006 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 70, without a hearing.

Fetitioner is currently incarcerated, having been convicted in *9301993 of various crimes including murder in the second degree. He subsequently made two applications for a writ of habeas corpus alleging that his detention was illegal because no criminal complaint had been filed against him. His applications were denied by orders dated October 25, 2005 and February 13, 2006. Thereafter,…