PEOPLE EX REL. MONTGOMERY v. ARTUS

118 KAH 12-00123.

114 A.D.3d 1171 (2014)

979 N.Y.S.2d 905

2014 NY Slip Op 805

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MITCHELL MONTGOMERY, Appellant, v. DALE ARTUS, Superintendent, Gowanda Correctional Facility, Respondent.

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

Decided February 7, 2014.


Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), entered November 29, 2011 in a habeas corpus proceeding. 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 on the ground that he was improperly sentenced as a persistent violent felony offender on his 1998 conviction...

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