People of State of New York Ex Rel. Delroy Thorpe v. Smith

Appeal from a judgment of the Supreme Court (Work, J.), entered July 1, 2008 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was charged in two indictments with numerous crimes as the result of his involvement in two robberies. The indictments were consolidated and petitioner was convicted in 1998 of robbery in the first degree (three counts), murder in the second degree, attempted robbery in the first degree (two counts) and assault in the first degree. He was sentenced to an aggregate term of 33 years to…