People ex rel. Littlejohn v. Griffin

Appeal from a judgment of the Supreme Court (Cahill, J.), entered November 12, 2014 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1999, petitioner was convicted of manslaughter in the first degree and sentenced, as a second felony offender, to 22 years in prison. He commenced this proceeding for a writ of habeas corpus contending that his conviction is invalid because that crime was not charged in the indictment. Supreme Court dismissed the petition without a hearing and this appeal ensued.