People ex rel.. Agosto v Chappius

People ex rel.. Agosto v Chappius 2015 NY Slip Op 05535 Decided on June 25, 2015 Appellate Division, Third 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 and Entered: June 25, 2015
519434

[*1]THE PEOPLE OF THE STATE OF NEW YORK ex rel. RAFAEL AGOSTO, Appellant,

v

PAUL CHAPPIUS JR., as Superintendent of Elmira Correctional Facility, Respondent.

Calendar Date: May 5, 2015
Before: McCarthy, J.P., Rose, Lynch and Clark, JJ.

Rafael Agosto, Comstock, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Hayden, J.), entered November 26, 2013 in Chemung County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Judgment affirmed. No opinion.

McCarthy, J.P., Rose, Lynch and Clark, JJ., concur.

ORDERED that the judgment is affirmed, without costs.