People ex rel. Bonez v. West

Appeal from a judgment of the Supreme Court (Rumsey, J.), entered September 23, 2004 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.

Petitioner was convicted in 1981 of murder in the second degree and criminal possession of a weapon in the second degree. Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus alleging defects in the pretrial hearing. Supreme Court denied the petition, as well as petitioner’s subsequent motion for reargument. Petitioner now appeals.

We…