People ex rel. Govan v. Bennett

Appeal from a judgment of the Supreme Court (Castellino, J.), entered May 29, 2002 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.

Following a jury trial, petitioner was convicted of kidnapping in the second degree and criminal contempt in the first degree and was sentenced, respectively, to concurrent prison terms of IOV2 years and four years. He appealed arguing, inter alia, that there was insufficient evidence to support the kidnapping charge because he did not possess a deadly weapon. This…