PEOPLE EX REL. SMITH v. GRAHAM

854 KAH 12-00565

109 A.D.3d 1113 (2013)

971 N.Y.S.2d 708

2013 NY Slip Op 6123

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES SMITH, Appellant, v. HAROLD D. GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.

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

Decided September 27, 2013.


Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered December 21, 2011 in a proceeding pursuant to CPLR article 70. The judgment denied the petition.

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

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus. In support thereof, he contended, inter alia, that he was improperly sentenced...

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