People ex rel. Fisher v. Stinson

—Appeal from a judgment of the Supreme Court (Berke, J.), entered November 16, 1995 in Washington County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding following his conviction of the crime of robbery in the second degree. Supreme Court dismissed the petition on the ground that it technically was defective and that habeas corpus relief was inappropriate given that petitioner had an appeal pending from his underlying conviction. Having reviewed the record,…