| People ex rel. Lee v Lee |
| 2013 NY Slip Op 08285 [112 AD3d 762] |
| December 11, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. Calvin Lee,
Appellant, v William A. Lee, Respondent. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek
and David Lawrence III of counsel), for respondent.
In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Sammarco, J.), dated October 7, 2011, which, without a hearing, denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
The issue that the petitioner raises in this proceeding for a writ of habeas corpus was raised by the petitioner, and reviewed by the Supreme Court, Kings County (Chun, J.), in a prior motion to vacate his judgment of conviction pursuant to CPL article 440. Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding as procedurally barred (see People ex rel. Burgess v Ercole, 70 AD3d 735 [2010]; People ex rel. Abdul-Aziz v Marshall, 68 AD3d 902 [2009]; People ex rel. Almeyda v Schultz, 18 AD3d 582 [2005]). Mastro, J.P., Lott, Austin and Hinds-Radix, JJ., concur.