People v Warden Robert Martin etc.SCID No. 30186/17

Motion No: M-666

Slip Opinion No: 2018 NYSlipOp 70081(U)

Decided on April 19, 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.

April 19, 2018

The People of the State of New York

ex rel. Hubert Cary,

Petitioner,

v

Warden Robert Martin, etc.,SCID No. 30186/17

Respondent.

Petitioner having moved for leave to appeal to this Court from the order of Supreme Court, New York County, entered on or about January 10, 2018, which denied and dismissed his application for a writ of habeas corpus, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied, without prejudice to movant raising his arguments on his pending appeal from the judgment of Supreme Court, New York County, rendered on or about June 16, 2017.ENTERED: April 19, 2018

_____________________ CLERK

Present - Hon. Peter Tom,Justice Presiding, Troy K. Webber Jeffrey K. Oing Peter H. Moulton,Justices

M-666

Ind. No. 2683/16