People ex rel Mosqueda v. Hanslmaier — 212 A.D.2d 882

Majority

p. 882

The People of the State of New York ex rel. Marcos Mosqueda, Appellant, v Robert Hanslmaier, as Acting Su

p. 883

perintendent of Woodbourne Correctional Facility, Respondent.

[623 NYS2d 164]

Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner failed to establish that a writ of habeas corpus is the appropriate remedy for the claims which arise out of his prior conviction (see, People ex rel. Graham v McClellan, 182 AD2d 872 , appeal dismissed 80 NY2d 892 ).

Mikoll, J. P., Mercure, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

Cases cited

In re Sternberg 80 NY2d 892 N.Y. 1992-07-07 p. 883