People ex rel. Funches v. Walsh

Mercure, J.P.

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 30, 2007 in Sullivan County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2002, petitioner was convicted of two counts of robbery in the first degree, two counts of robbery in the second degree and criminal possession of a weapon in the second and third degrees and was sentenced, as a persistent violent felony offender, to an aggregate prison term of 21 years to life. His conviction and the denial of his subsequent CEL…