People ex rel. Spaulding v Graham
2007 NY Slip Op 10371 [46 AD3d 1468]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


The People of the State of New York ex rel. Leighton Spaulding, Appellant, v Harold Graham, as Superintendent of Auburn Correctional Facility, Respondent.

—[*1] Brendan O'Donnell, Interlaken, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered May 11, 2006 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Martoche, Smith, Peradotto and Pine, JJ.