People ex rel. Miller v. Rock
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal from a judgment of the Supreme Court (Feldstein, J.), entered December 5, 2012 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner asserts that he is presently serving an aggregate prison term of 15 years followed by five years of postrelease supervision upon his conviction of robbery in the second degree, robbery in the third degree and attempted robbery in the third degree. He commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming that the…
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