PEOPLE EX REL. SIMPSON v. GREENE


18 A.D.3d 923 (2005)

793 N.Y.S.2d 922

THE PEOPLE OF THE STATE OF NEW YORK ex rel. THEODORE SIMPSON, Appellant, v. GARY GREENE, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

May 5, 2005.


Crew III, J.P.

Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus alleging that he was improperly delivered to and detained by respondent because the documentation that purported to authorize the execution of his sentence was defective. Supreme Court dismissed the petition without a hearing and we affirm, albeit for reasons other than those expressed by Supreme Court.

In light of the information contained in the record...

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