| People ex rel. Fontaine v Superintendent of Southport Correct |
| Motion No: 2007-10898 |
| Slip Opinion No: 2007 NYSlipOp 87349(U) |
| Decided on December 24, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M64153
S/sl
WILLIAM F. MASTRO, J.P.
FRED T. SANTUCCI
RUTH C. BALKIN
THOMAS A. DICKERSON, JJ.
|
2007-10898 The People, etc., ex rel. Derrick Fontaine, petitioner, v Superintendent of Southport Correctional Facility, et al., respondents.
| DECISION & ORDER ON APPLICATION |
Application by the petitioner for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
Habeas corpus relief does not lie where there are other available remedies. Here the claim the appellant raises regarding an illegal sentence can be addressed by a motion pursuant to CPL 440. His other claims can be reviewed by commencing a proceeding pursuant to CPLR article 78.
MASTRO, J.P., SANTUCCI, BALKIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court