People ex rel. Hopkins v. Stinson

Mikoll, J. P.

Appeal from an order of the Supreme Court (Hemmett, Jr., J.), entered March 25, 1997 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

*988Petitioner was tried on three separate indictments in 1980 and 1981 resulting in convictions for kidnapping in the first degree, felony murder, rape in the first degree, attempted murder in the second degree, assault in the second degree and murder in the second degree (two counts). All of the convictions were affirmed by this Court (People v Hopkins, 96 AD2d 957; People…