People ex rel. DeJesus v Poole
2008 NY Slip Op 03850 [50 AD3d 1571]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York ex rel. Edwin DeJesus, Appellant, v Thomas Poole, as Superintendent of Five Points Correctional Facility, Respondent.

—[*1] Charles J. Greenberg, Buffalo, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered March 1, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Lunn, Fahey, Pine and Gorski, JJ. [See 15 Misc 3d 1101(A), 2007 NY Slip Op 50446(U) (2007).]