People ex rel. Fulton v. Lape

Appeal from a judgment of the Supreme Court (Teresi, J.), entered August 26, 2008 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, who is serving a 25-year prison term following his 2002 conviction of course of sexual conduct against a child in the first degree (People v Fulton, 13 AD3d 1217 [2004], lv denied 4 NY3d 830 [2005]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending, among other things, that the trial court lacked subject matter…