People ex rel. Hardy v. Napoli

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered November 5, 2008 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 the crime of attempted burglary in the second degree and was sentenced to 1 to 3 years in prison. He was paroled, but thereafter was convicted in 1992 of two counts of rape in the first degree for which he was sentenced as a second violent felony offender to concurrent prison terms of 11 to 22 years. The sentencing commitments…