People ex rel. Witherspoon v Morrissey
2010 NY Slip Op 01240 [70 AD3d 1438]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


The People of the State of New York ex rel. Billy Witherspoon, Appellant,
v
James Morrissey, Superintendent, Butler Correctional Facility, Respondent.

—[*1] Easton Thompson Kasperek Shiffrin LLP, Rochester (Brian Shiffrin of counsel), 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, Wayne County (Dennis M. Kehoe, A.J.), entered March 25, 2008. The judgment denied the petition for a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Peradotto, Green and Gorski, JJ.