People ex rel. Franza v. Sheahan

Appeals from a judgment and an amended judgment of the Supreme Court (Hayden, J.), entered February 10, 2012 and March 2, 2012 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner is serving a lengthy term of imprisonment and has unsuccessfully pursued habeas corpus relief in the past upon the ground that the indictment against him was filed as waived due to the presence of the word “Waived” on the indictment’s pre-printed form backer (People ex rel. Franza v Walsh, 76 AD3d 1160, 1160…