PEOPLE EX REL. ORTA v. ARTUS

541 KAH 14-00042

128 A.D.3d 1405 (2015)

7 N.Y.S.3d 915

2015 NY Slip Op 03701

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RICKY ORTA, Appellant, v. DALE ARTUS, Superintendent, Wende Correctional Facility, Respondent.

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

Decided May 1, 2015.


Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered June 12, 2013 in a habeas corpus proceeding. The judgment, insofar as appealed from, 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 Supreme Court lacked jurisdiction to resentence...

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