People ex rel. Candelaria v Kirkpatrick

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People ex rel. Candelaria v Kirkpatrick 2009 NY Slip Op 09985 [68 AD3d 1827] December 30, 2009 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York ex rel. Juan Candelaria, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, Respondent.

—[*1]Order unanimously affirmed without costs. Counsel's motion to be relieved of assignment granted (see People v Crawford, 71 AD2d 38 [1979]). (Appeal from Order of Supreme Court, Erie County, Christopher J. Burns, J.—Habeas Corpus). Present—Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.