People ex rel. Fair v. Rock

Appeal from a judgment of the Supreme Court (Pritzker, J.), entered June 19, 2009 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1997, petitioner was sentenced under indictment No. 741/96 as a second violent felony offender to a controlling prison term of 13 years based upon his conviction of, among other crimes, burglary in the second degree. At that time, petitioner also was sentenced under indictment No. 120/97 as a second violent felony offender to a prison term of 2 to 4 years upon his conviction of escape…