People ex rel. Thigpen v. Cunningham

*1513Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 29, 2010 in Sullivan County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, who is serving a lengthy prison sentence following his 1996 conviction of various crimes including robbery in the first degree (People v Thigpen, 256 AD2d 601 [1998], lv denied 93 NY2d 930 [1999]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus alleging that his waiver of immunity before the grand jury was ineffective. However,…