| THE PEOPLE EX REL. PHILLIP H. OWENS V TODD BAXTER, SHERIFF OF MONROE COUNTY |
| Motion No: OP 18-00735 |
| Slip Opinion No: 2018 NY Slip Op 72795(U) |
| Decided on May 15, 2018 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND WINSLOW, JJ.
DOCKET NO. OP 18-00735
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. PHILLIP H. OWENS,
PETITIONER, V TODD BAXTER, SHERIFF OF MONROE COUNTY, RESPONDENT. |
Petitioner having applied for a writ of habeas corpus by order to show cause signed by the Honorable Joanne M. Winslow on April 27, 2018,
Now, upon reading and filing the verified petition sworn to April 24, 2018, and the exhibits attached thereto, the affidavit of Phillip Owens sworn to April 26, 2018, the order to show cause with proof of service thereof, the affirmation of William T. Gargan, Esq., dated May 3, 2018, and the affirmation of Holly L. Moynihan, Esq., dated May 7, 2018, and the exhibits attached thereto, and due deliberation having been had thereon,
It is hereby ORDERED that the application for a writ of habeas corpus is denied, and the petition is dismissed.
Memorandum: The determination of the Supreme Court was not an improvident exercise of discretion and did not violate "constitutional or statutory standards" (People ex rel. Klein v Krueger, 25 NY2d 497, 499 [1969]; see People ex rel. Rosenthal v Wolfson, 48 NY2d 230, 232-233 [1979]).
Entered: May 15, 2018
Mark W. Bennett, Clerk