People ex rel. Harris v Graham

People ex rel. Harris v Graham 2010 NY Slip Op 01207 [70 AD3d 1406] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

The People of the State of New York ex rel. Frank Harris, Appellant, v Harold Graham, Superintendent, Auburn Correctional Facility, New York State Department of Correctional Services, Respondent.

—[*1] Charles A. Marangola, Moravia, for petitioner-appellant.

Frank Harris, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered March 31, 2009 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—Scudder, P.J., Fahey, Lindley and Green, JJ.