People ex rel. John Washington v Poole

People ex rel. Washington v Poole 2007 NY Slip Op 10370 [46 AD3d 1468] December 21, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York ex rel. John Washington, Appellant, v Thomas Poole, as Superintendent of Five Points Correctional Facility, Respondent.

—[*1] Charles J. Greenberg, Buffalo, for petitioner-appellant.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated December 16, 2005 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Martoche, Smith, Peradotto and Pine, JJ.