People ex rel. Aloi v. LeFevre

Appeal from a judgment of the Supreme Court at Special Term (Viscardi, J.), entered November 26, 1982 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing. 11 On August 7, 1973, following his conviction for perjury for falsely testifying during a Grand Jury investigation, petitioner was sentenced, to an indeterminate term of two and one-third to seven years in State prison.* Petitioner was immediately incarcerated, but on October 3, 1973, judgment was stayed and he was granted bail pending appeal.…