People ex rel. Figueroa v. Walsh

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered May 16, 2006 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

As the result of a drive-by shooting during which he fired a gun into an occupied home killing a person, petitioner was convicted of murder in the second degree, reckless endangerment in the first degree, two counts of criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree and was sentenced in 1991 as a second felony offender…