People ex rel. Pittman v. Yelich

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 6, 2010 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In January 2008, petitioner pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced as a second drug felony offender to five years in prison followed by one year of postrelease supervision. Petitioner failed to file a timely appeal from his judgment of conviction and his motion for an extension of time to file an appeal…