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PEOPLE EX REL. SMITH v. ARTUS

940 KAH 16-01170.

153 A.D.3d 1557 (2017)

2017 NY Slip Op 06730

60 N.Y.S.3d 869

THE PEOPLE OF THE STATE OF NEW YORK ex rel. GERALD SMITH, Appellant, v. MICHELLE ARTUS, Superintendent, Livingston Correctional Facility, Respondent.

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

Decided September 29, 2017.

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, contending that County Court had lost jurisdiction to sentence him because of its unreasonable delay in imposing sentence, and that the sentencing judge had erred in failing to recuse himself. We conclude that Supreme Court properly denied the petition...

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