People ex rel. Bolling v. Miller

—Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 11, 1998 in Ulster County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Pursuant to a two-count indictment, petitioner was charged with the crimes of robbery in the first degree (count one) and criminal use of a firearm (count two). Following a jury trial at which the trial court reasoned that the second count of the indictment would not be submitted to the jury because it merged with the first count, petitioner was found guilty…