People ex rel. Franza v. Walsh

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered February 17, 2010 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant tó CPLR article 70, without a hearing.

Petitioner was convicted in 1992 of three counts of attempted murder in the second degree and one count of criminal possession of a weapon in the first degree, for which he is currently serving a lengthy aggregate prison term. The backer for the indictment against him had two printed words at the top: “Filed” and “Waived.” The indictment was handed up and filed, but petitioner…