People ex rel. Lee v Lee

People v Lee 2013 NY Slip Op 08285 Decided on December 11, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 11, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
2012-01498
(Index No. 3997-11)

[*1]The People of the State of New York, ex rel. Calvin Lee, appellant,

v

William A. Lee, etc., respondent.




Calvin Lee, Stormville, N.Y., appellant pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Michael S. Belohlavek and David Lawrence
III of counsel), for respondent.


DECISION & ORDER

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Sammarco, J.), dated October 7, 2011, which, without a hearing, denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, without costs or disbursements.

The issue that the petitioner raises in this proceeding for a writ of habeas corpus was raised by the petitioner, and reviewed by the Supreme Court, Kings County (Chun, J.), in a prior motion to vacate his judgment of conviction pursuant to CPL article 440. Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding as procedurally barred (see People ex rel. Burgess v Ercole, 70 AD3d 735; People ex rel. Abdul-Aziz v Marshall, 68 AD3d 902; People ex rel. Almeyda v Schultz, 18 AD3d 582).
MASTRO, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court