People ex rel. Jackson v. New York State Department of Correctional Services

Appeal from an order of the Supreme Court (Donohue, J.), entered December 5, 1997 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, an inmate at Fishkill Correctional Facility in Dutchess County, commenced this habeas corpus proceeding contending that his conviction for the crime of robbery in the first degree was illegal on double jeopardy grounds. On this appeal from Supreme Court’s dismissal of the petition, petitioner abandons the double jeopardy argument and contends that jurisdictional defects in…