People ex rel. Roache v. Connell

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered December 14, 2004 in Albany County, which denied petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

We find no reason to disturb Supreme Court’s decision rejecting petitioner’s application for poor person status with an *942underlying writ of habeas corpus challenging his sentence calculation and motion for change of venue. The record establishes that petitioner, an inmate at a state correctional facility in Oneida County, had the same application pending before Supreme Court in Oneida…