People ex rel. Carter v. Smith

Appeal from a judgment of the Supreme Court (Elliott, J.), entered March 18, 2015 in Greene County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was sentenced to 3V2 years in prison following his 2002 conviction of robbery in the second degree. * In 2007, petitioner was sentenced to a prison term of 13 years and five years of postrelease supervision following his conviction of attempted robbery in the first degree. Petitioner commenced this CPLR article 70 proceeding for habeas corpus relief…