| PEOPLE EX REL. DENZEL MORRIS V JAMES CONWAY, SUPERINTENDENT OF ATTICA CORRECTIONAL FACILITY Relator having petitioned |
| Motion No: OP 07-01319 |
| Slip Opinion No: 2007 NYSlipOp 87350(U) |
| Decided on December 14, 2007 |
| Appellate Division, Fourth 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. |
DOCKET NO. OP 07-01319
| PEOPLE OF THE STATE OF NEW YORK EX REL. DENZEL MORRIS, PETITIONER,
V JAMES CONWAY, SUPERINTENDENT OF ATTICA CORRECTIONAL FACILITY, RESPONDENT. Relator having petitioned this Court for a writ of habeas corpus,
and for permission to proceed as a poor person, Now, upon reading and filing the affidavit of Denzel Morris sworn to May 30, 2007, the petition verified May 30, 2007, the notice of motion with
proof of service thereof, and due deliberation having been had thereon, It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and the petition is otherwise
denied on the ground that success on the merits of this proceeding would not entitle him to immediate release from custody (see People ex rel. Brown v New York State Div. of Parole, 70 NY2d 391, 398
[1987]; People ex rel. Johnson v Kracke, 233 AD2d 943 [1996], lv denied 89 NY2d 807 [1997]). |
Hon. Henry J. Scudder
Presiding Justice