People ex rel. Figueroa v. Griffin

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered September 5, 2014 in Sullivan County, which, in a proceeding pursuant to CPLR article 70, granted respondents’ motion to dismiss the petition, without a hearing.

Petitioner, who was convicted of murder in the second degree and another crime in 1990, commenced this habeas corpus proceeding seeking release from prison based upon claimed errors surrounding the indictment and identification testimony at his jury trial (see People v Figueroa, 204 AD2d 103 [1994], lv denied 83 NY2d 967 [1994]). Supreme Court signed the writ and…