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PEOPLE EX REL. JOHNSON v. ALLARD

303 A.D.2d 994 (2003)

758 N.Y.S.2d 715

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JERRY JOHNSON, Appellant, v. MICHAEL ALLARD, as Acting Superintendent of Gowanda Correctional Facility, et al., Respondents.

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

Decided March 21, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the petition for a writ of habeas corpus. Petitioner did not seek immediate release in his petition but, rather, sought to be brought before the court "for the purpose of Inquiring into the cause of [his] imprisonment and restraint." In any event, the reversal of the

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