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PEOPLE EX REL. WILSON v. KELLY

142 A.D.2d 989 (1988)

The People of the State of New York ex rel. James Wilson, Appellant, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 7, 1988

Judgment unanimously affirmed.

Memorandum:

Relator appeals from a judgment which dismissed his habeas corpus petition seeking a recalculation of time served on a vacated sentence. Since relator is now incarcerated in a Federal prison and is no longer in State custody, he is not entitled to a writ of habeas corpus because the relief requested would not result in his immediate release from prison (see, People ex rel. Lane v Vincent,

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