People ex rel. Harris v Graham
2009 NY Slip Op 04519 [63 AD3d 1591]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


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

—[*1] Williams, Heinl, Moody & Buschman, P.C., Auburn (Robert P. Bahr of counsel), for petitioner-appellant.

Frank Harris, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered October 9, 2007 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (see People ex rel. Lewis v Graham, 57 AD3d 1508 [2008], lv denied 12 NY3d 705 [2009]). Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.