People ex rel. McCallister v. McGinnis

—Appeal from a judgment of the Supreme Court *638(Ellison, J.), entered October 10, 1996, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, having been convicted of the crime of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree, commenced this proceeding for a writ of habeas corpus, contending that the People knowingly presented false testimony to the Grand Jury, thereby…