Appellate Division of the Supreme Court of the State of New York May 24, 2007 (People ex rel. Rivas v. Walsh)

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered July 27, 2006 in Sullivan County, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted in 1994 of criminal sale of a controlled substance in the second degree and was sentenced to eight years to life in prison.