People ex rel. White v. Smith

Appeal from a judgment of the Supreme Court (Elliott, J.), entered October 17, 2013 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

*1470In 1991, petitioner was convicted of rape in the first degree and sentenced to 8Vs to 25 years in prison (People v White, 185 AD2d 472 [1992], lv denied 80 NY2d 935 [1992]). He was released to parole supervision in September 2011 and charged with violating his parole in February 2012. At the final revocation hearing, petitioner pleaded guilty to two charges of violating his parole —…