People ex rel. Washington v Graham
2009 NY Slip Op 05453 [64 AD3d 1181]
July 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2009


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

[*1] Charles A. Marangola, Moravia, for petitioner-appellant.

Dexter Washington, petitioner-appellant pro se.

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

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered February 4, 2008 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 (see People ex rel. Lewis v Graham, 57 AD3d 1508 [2008], lv denied 12 NY3d 705 [2009]). Present—Scudder, P.J., Smith, Centra, Peradotto and Green, JJ.