People v Superintendent Colon Fire Points

Motion No: M-5584

Slip Opinion No: 2017 NYSlipOp 76314(U)

Decided on June 8, 2017

Appellate Division, First 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.

June 8, 2017

The People of the State of New York

ex rel. Jose Jerez,

Petitioner,

v

Superintendent Colon, Fire Points

Correctional Facility, et al.,

Respondent(s).

The above-named petitioner having moved for a writ of

habeas corpus to be issued from this Court, as well as poor person relief and the assignment of counsel,Now, upon reading and filing the papers with respect to

the motion, and due deliberation having been had thereon, It is ordered that the writ of habeas corpus is dismissed without prejudice to raising the arguments on the direct appeal from the judgment rendered on or about September 23, 2014; so much of the motion which seeks poor person relief and the assignment of counsel is denied as academic (See M-5895 [April 7, 2015].)ENTERED: June 8, 2017

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Angela M. Mazzarelli Judith J. Gische Ellen Gesmer, Justices

M-5584

Ind. No. 2408/11