People ex rel. Hill v. Kelly

—Judgment unanimously affirmed without costs. Memorandum: Relator was sentenced to an indeterminate term of imprisonment of 3 to 6 years upon his plea of guilty to attempted robbery in the first degree (Penal Law §§ 110.00, 160.15). That sentence was later vacated upon relator’s contention that it was illegal. Relator was resentenced to an indeterminate term of imprisonment of 2 to 6 years. After serving over three years in prison, relator commenced this proceeding seeking a writ of habeas corpus upon the ground that he had served his sentence and should be released pursuant to CPL 430.20…