People ex rel. Joseph v. Napoli

Appeal from a judgment of the Supreme Court (Fitzgerald, J.), entered February 27, 2009 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 of murder in the second degree (two counts) and robbery in the first degree in 2002 and was sentenced to an aggregate term of 30 years to life in prison. Thereafter, in 2007, petitioner was convicted of assault in the second degree and sentenced as a second violent felony offender to a prison term of five years followed by five years…