People ex rel. Brown v. Griffin

Appeal from a judgment of the Supreme Court (Cerio Jr., J.), rendered February 6, 2012 in Chemung County, which dismissed 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 as a result of his conviction of several crimes, including felony murder. Following an unsuccessful direct appeal (People v Brown, 109 AD2d 1091 [1985], affd 66 NY2d 997 [1985]) and various collateral proceedings, petitioner commenced this habeas corpus proceeding principally arguing that, in the course of…