People ex rel. Applewhite v Graham
2011 NY Slip Op 06676 [87 AD3d 1284]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


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

—[*1] Kathleen Walsh Infanti, Weedsport, for petitioner-appellant.

Chris Applewhite, petitioner-appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent-respondent.

Appeal from a judgment (denominated decision and order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered March 4, 2010 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 for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.