People ex rel. Ariola v. Greene

Appeal from a judgment of the Supreme Court (Berke, J.), entered August 17, 2005 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Following his December 2002 convictions of attempted robbery in the third degree and manslaughter in the first degree, defendant was sentenced, respectively, to concurrent terms of 1 to 3 years and seven years in prison. The judgment of convic*1039tion was thereafter affirmed by the Fourth Department (People v Ariola, 15 AD3d 882 [2005], amended 17 AD3d 1172 [2005])…