People ex rel. Fulton v. LaValley

Appeal from a judgment of the Supreme Court (Muller, J.), entered November 3, 2011 in Clinton County, which, in a proceeding pursuant to CPLR article 70, granted respondent’s motion to dismiss the petition.

Petitioner, who currently is serving a 25-year prison term pursuant to his 2002 conviction of course of sexual conduct against a child in the first degree (People v Fulton, 13 AD3d 1217 [2004], lv denied 4 NY3d 830 [2005]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending, as in a prior appeal before this Court (see People ex rel. Fulton v Lape, 61 AD3d…