People ex rel. Figueroa v. Walsh

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered February 1, 2005 in Sullivan County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

As the result of his participation in a drive-by shooting which caused the death of a woman, petitioner was convicted in 1991 of the crimes of murder in the second degree, reckless endangerment in the first degree, two counts of criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree. He was…