People ex rel. Preston v Donnelly
2003 NY Slip Op 20344 [2 AD3d 1487]
December 31, 2003
Appellate Division, Fourth Department
As corrected through
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 25, 2004


The People of State of New York ex rel. Oscar Preston, Jr., Appellant,
v
Edward R. Donnelly, as Superintendent of Wende Correctional Facility, et al., Respondents.

—Judgment unanimously affirmed without costs. Counsel's motion to be relieved of assignment granted. (Appeal from Judgment of Supreme Court, Erie County, NeMoyer, J.—Habeas Corpus.) Present—Pigott, Jr., P.J., Green, Pine, Hurlbutt and Kehoe, JJ.