People ex rel. Morgan v. Behrle

Appeal from a judgment of the Supreme Court (Fulver Jr., J.), entered December 10, 2007 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CFLR article 70, without a hearing.

Fetitioner commenced this CFLR article 70 proceeding seeking a writ of habeas corpus contending that the warrant used to secure a blood sample from him lacked probable cause. Inasmuch as petitioner could, and apparently did, advance this claim on his direct appeal from the judgment of conviction (People v Morgan, 48 AD3d 703 [2008], lv denied 10 NY3d 962…