People ex rel. Schaurer v. Fogg

— Appeal from a judgment of the Supreme Court at Special Term (Klein, J.), entered December 5, 1980 in Ulster County, which dismissed a habeas corpus proceeding after a hearing. Petitioner is serving a sentence of 12V2 to 25 years in prison upon his conviction on two counts of robbery, first degree, and two counts of larceny, second degree. The judgment of conviction was affirmed on appeal (People v Schaurer, 70 AD2d 790, mot for lv to opp den 48 NY2d 642). In his petition for a writ of habeas corpus, petitioner alleges that the police lacked probable cause for his arrest and that the Judge…