People ex rel. Johnson v. Wilkinson

Appeal from a judgment of the Supreme Court (Ingraham, J.), entered January 10, 1997 in Chenango County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner is currently serving a prison term of 2⅓ to 7 years for a 1992 conviction of the crime of grand larceny in the third degree. While participating in a work release program in 1993, petitioner was indicted and convicted of tampering with physical evidence and petit larceny and sentenced to a prison term of 2 to 4 years which was to run consecutively to…