People ex rel. Spaulding v. Napoli

Appeal from a judgment of the Supreme Court (Garry, J.), entered June 4, 2007, which denied petitioner’s application for *1331a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner is currently serving a prison sentence of 25 years to life upon his 1994 conviction of murder in the second degree. The conviction was affirmed upon appeal (People v Spaulding, 222 AD2d 312 [1995], Iv denied 88 NY2d 942 [1996]) and, since then, petitioner has made various unsuccessful postconviction applications, including motions pursuant to CPL article 440 and habeas corpus…