Hayes v. Fischer

Appeal from a judgment of the Supreme Court (Zwack, J.), entered July 15, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

In June 2002, petitioner was sentenced as a persistent violent felony offender to a controlling prison term of 20 years to life upon his conviction of robbery in the first degree, robbery in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts) and criminal possession of stolen property in the third degree.…