People ex rel. Lumpkins v. Vaughan

—Judgment, Supreme Court, Bronx County (Burton Hecht, J.), entered on or about July 25, 1996, which dismissed petitioner’s writ of habeas corpus, unanimously affirmed, without costs.

On March 31, 1978, petitioner was sentenced to 41/2 to 21 years upon his conviction of rape and robbery. On January 25, 1985, he was released to parole supervision until March 6, 1998. On August 10, 1987, petitioner was convicted of murder and sentenced to 24 years to life, but the conviction was set aside upon the grant of his CPL 440.10 motion (People v Lumpkins, 141 Misc 2d 581), and he was acquitted after a…