| THE PEOPLE EX REL., DL RILEY V ANTHONY ANNUCCI, ACTING COMMISSIONER DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION |
| Motion No: KAH 22-00286 |
| Slip Opinion No: 2022 NY Slip Op 67514(U) |
| Decided on June 13, 2022 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
KAH 22-00286
Index No: 22,178-21
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., DL RILEY,
PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel, on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered December 16, 2021,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is dismissed.
Memorandum: Petitioner has failed to set forth sufficient facts to demonstrate merit to the appeal, inasmuch as he "has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus" (People ex rel. McGann v Ross, 91 NY2d 865, 865 [1997]; cf. People ex rel. McManus v Horn, 18 NY3d 660, 663-664 [2012]).
Entered: June 13, 2022
Ann Dillon Flynn
Clerk of the Court