People ex rel. Lashway v. Wenderlich

Appeal from a judgment of the Supreme Court (Hayden, J.), entered June 28, 2013 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1990, petitioner was convicted of three counts of rape in the second degree and was sentenced to lOVa to 21 years in prison as a second felony offender (People v Lashway, 187 AD2d *1200747 [1992], lv denied 81 NY2d 842 [1993]). He was paroled in 2007 and civilly confined (Matter of State of New York v Lashaway, 100 AD3d 1372 [2012], lv denied 20 NY3d 861 [2013]).…