People ex rel. Jones v. Martuscello

Appeal from a judgment of the Supreme Court (Platkin, J.), entered September 26, 2012 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted in 1983 of attempted criminal possession of a weapon in the third degree, and was sentenced to a prison term of 2 to 4 years. He was next convicted of criminal possession of a weapon in the third degree in 1987, and was sentenced to 21h to 5 years in prison. Petitioner was then convicted of robbery in the first degree and sodomy in the…