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PEOPLE EX REL. PATTERSON v. ERCOLE

60 A.D.3d 710 (2009)

875 N.Y.S.2d 509

THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDWARD PATTERSON, Appellant, v. ROBERT ERCOLE et al., Respondents.

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

Decided March 3, 2009.

Ordered that the judgment is affirmed, without costs or disbursements.

The appellant's contention that a federal detention warrant compelling him to remain in custody has lapsed is based upon material dehors the record (see People ex rel. Roache v Connell, 31 A.D.3d 1199 [2006]). Moreover, habeas corpus is an inappropriate remedy for addressing the appellant's other contention that a good time allowance was improperly withheld...

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