People ex rel. Taylor v. Jones

Appeal from a judgment of the Supreme Court (Berke, J.), entered May 22, 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.

Insofar as petitioner’s application for a writ of habeas corpus failed to indicate his previous applications for such relief, the application was insufficient on its face and fatally defective (see, CPLR 7002 [c] [5], [6]; People ex rel. Christianson v Berry, 165 AD2d 961; People ex rel. Kagan v La Vallee, 49 AD2d 986). In any event, the record fails to support his…