People ex rel. Rodriguez v. Hoke

Appeal from a judgment of the Supreme Court (Torraca, J.), entered January 25, 1990 in Ulster County, which, inter alia, denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

On August 5, 1976, petitioner was convicted after trial of four counts of murder in the second degree and one count of robbery in the first degree arising out of a double murder at, and a robbery of, a supermarket which occurred on July 21, 1975. On appeal the conviction was affirmed (People v Rodriguez, 67 AD2d 837, lv denied 46 NY2d 1084). In June…