People ex rel. Albert v. Racette

*1569Appeal from a judgment of the Supreme Court (Cerio Jr., J.), rendered July 27, 2011 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Following a jury trial, petitioner was convicted of, among other things, depraved indifference murder, and he is currently incarcerated. He now makes the instant application for a writ of habeas corpus seeking to be released from prison asserting that there was insufficient evidence presented at trial to convict him of depraved indifference murder. Supreme Court…