People ex rel. Parsons v. Walsh

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered February 2, 2005 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted of murder in the second degree and criminal possession of a weapon and was sentenced to an aggregate prison term of 25 years to life. The judgment of conviction was affirmed upon appeal (People v Parsons, 270 AD2d 504 [2000], lv denied 95 NY2d 801 [2001]), and his subsequent motion pursuant to CPL article 440 and a federal writ of habeas corpus were denied.…