People ex rel. Maye v. Schenectady County Court

Appeal from a judgment of the Supreme Court (Lalor, J.), entered September 8, 2008 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2006, petitioner pleaded guilty to attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. When he failed to complete a substance abuse treatment program that would have entitled him to withdraw his plea, he was sentenced as a second felony offender to six years in prison, to be followed by three to five years of…