Majority
p. 1438The People of the State of New York ex rel. Billy Witherspoon, Appellant, v James Morrissey, Superintendent, Butler Correctional Facility, Respondent. [893 NYS2d 798]
—Appeal from a judgment of the Supreme Court, Wayne County (Dennis M. Kehoe, A.J.), entered March 25, 2008. The judgment denied the petition for a writ of habeas corpus:
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Peradotto, Green and Gorski, JJ.