| THE PEOPLE EX REL. JAMES SMITH V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: 854-13 |
| Slip Opinion No: 2013 NY Slip Op 95575(U) |
| Decided on December 27, 2013 |
| 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. |
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
MOTION NO. 854-13
KAH 12-00565
Indictment No. 2011-0861
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES SMITH,
PETITIONER-APPELLANT, V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for leave to appeal to the Court of Appeals from an order of this Court entered September 27, 2013,
Now, upon reading and filing the affidavit of Lisa A. Blair, Esq. sworn to October 25, 2013, the notice of motion with proof of service thereof, the affirmation of Frank Brady, Esq. dated November 8, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 27, 2013
Frances E. Cafarell, Clerk