People ex rel. Koehl v. Greene

Appeal from a judgment of the Supreme Court (Berke, J.), entered November 3, 2004 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted by jury verdict of, among other things, burglary in the first degree, robbery in the first degree and assault in the second degree, and by his guilty plea of escape in the first degree. Petitioner was sentenced to an aggregate prison term of 22Vz to 45 years. The judgments of conviction were affirmed upon appeal (People v Koehl, 262 AD2d 659 [1999], lv denied 94…