People ex rel. Hemphill v McCardle
2017 NY Slip Op 00765 [147 AD3d 1315]
February 3, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 29, 2017


[*1]
 The People of the State of New York ex rel. John Hemphill, Appellant,
v
Barry McCardle, Superintendent, Watertown Correctional Facility, et al., Respondents.

D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (James P. McClusky, J.), entered March 17, 2015 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—Smith, J.P., DeJoseph, NeMoyer, Troutman and Scudder, JJ.