People v B & C# 5411701275 NYSID# 05006169N

Motion No: M-5524

Slip Opinion No: 2018 NYSlipOp 62828(U)

Decided on February 1, 2018

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.

February 1, 2018

The People of the State of New York

ex rel. Robert Moore,

Petitioner, CONFIDENTIAL

v

B & C# 5411701275

NYSID# 05006169N

Ada Pressley, Warden, Docket No. 2017RI004529

Respondent.

The above-named petitioner having moved for, inter alia, a writ of habeas corpus to be issued from this Court, and for poor person relief, Now, upon reading and filing the papers with respect to the motion, including movant's letter dated November 16, 2017 and due deliberation having been had thereon, It is ordered that movant's habeas corpus petition seeking to challenge certain parole violation charges under Warrant No. 784457 is deemed withdrawn; movant's writ of habeas corpus petition under Docket No. 2017RI004529 is denied without prejudice to a timely appeal from the criminal judgment of conviction to the Supreme Court, Appellate Term, 2nd, 11th

and 13th Judicial Districts; poor person relief is denied as academic. ENTERED: February 1, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Judith J. Gische Richard T. Andrias Ellen Gesmer, Justices

M-5524