People ex rel. Hall v. Campbell

Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 23, 2001 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was indicted on January 25, 1995 on a charge of criminal sale of a controlled substance in the third degree, as the result of a cocaine sale on September 14, 1994. Petitioner thereafter filed a habeas corpus petition pursuant to CPLR article 70 which was denied by Supreme Court on August 10, 1995. However, no judgment dismissing the petition was filed.

In January 1996, petitioner…