People ex rel. Joseph v. Superintendent of Southport Correctional Facility

Appeal from an order of the Supreme Court (O’Shea, J.), entered October 29, 2008 in Chemung County, which, among other things, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1999, petitioner was convicted in Supreme Court (D’Amico, J.) in Queens County upon his plea of guilty to one count of sodomy in the first degree and one count of attempted robbery in the second degree. The court imposed consecutive sentences of six years and 2 to 4 years, respectively, but did not impose the mandatory period of five years of postrelease supervision…