People ex rel. Candelaria v Kirkpatrick
2009 NY Slip Op 09985 [68 AD3d 1827]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


The People of the State of New York ex rel. Juan Candelaria, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, Respondent.

[*1]Order unanimously affirmed without costs. Counsel's motion to be relieved of assignment granted (see People v Crawford, 71 AD2d 38 [1979]). (Appeal from Order of Supreme Court, Erie County, Christopher J. Burns, J.—Habeas Corpus). Present—Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.