People ex rel. Richardson v. Boucaud

*879Appeal from a judgment of the Supreme Court (Muller, J.), entered November 12, 2009 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2003, petitioner pleaded guilty to attempted robbery in the first degree and was sentenced to a prison term of five years followed by five years of postrelease supervision. Petitioner’s wife was not charged with robbery, but pleaded guilty to a charge of prostitution for luring the victim to the robbery scene in connection with the incident. As relevant here, petitioner was…