People ex rel. Whitehead v. Jones

Appeal from a judgment of the Supreme Court (Berke, J.), entered December 18, 1990 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner alleges in this proceeding that his conviction for grand larceny upon a plea of guilty is invalid due to the Supremacy Clause of the Federal Constitution. He contends that the acts underlying the crime for which he was convicted were performed in his role as an informant/agent for the Federal Government, which status afforded him immunity from State…