People ex rel. Asencio v. Brown

McCarthy, J. Appeal from an order of the Supreme Court (Cahill, J.), entered May 19, 2008 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1994, petitioner was convicted of murder in the second degree and arson in the third degree and was sentenced to an aggregate prison term of 25 years to life. His conviction was upheld on direct appeal (People v Asencio, 244 AD2d 225 [1997], lv denied 91 NY2d 888, 939 [1998]). He thereafter moved to vacate his conviction pursuant to CPL 440.10, which was…