People ex rel. Lineberger v. New York State Dept. of Corr. & Community Supervision ( 2019 )

People ex rel. Lineberger v New York State Dept. of Corr. & Community Supervision (2019 NY Slip Op 05301)

People ex rel. Lineberger v New York State Dept. of Corr. & Community Supervision

2019 NY Slip Op 05301

Decided on June 28, 2019

Appellate Division, Fourth 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 June 28, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND TROUTMAN, JJ.

746 KAH 18-01504

[*1]THE PEOPLE OF THE STATE OF NEW YORK EX REL. JERRY LINEBERGER, PETITIONER-APPELLANT,

v

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CAITLIN M. CONNELLY OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Orleans County (Michael M. Mohun, A.J.), entered March 14, 2018 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.

Entered: June 28, 2019

Mark W. Bennett

Clerk of the Court