People ex rel., Calixte v. Simpson

People ex rel., Calixte v Simpson (2019 NY Slip Op 08200)

People ex rel., Calixte v Simpson

2019 NY Slip Op 08200

Decided on November 13, 2019

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 November 13, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.

2019-11198

[*1]The People of the State of New York, ex rel., Joseph Calixte, Jr., petitioner,

v

Tova B. Simpson, etc., et al., respondents.

Joseph Calixte, Jr., East Meadow, NY, petitioner pro se.

DECISION & JUDGMENT

Writ of habeas corpus, inter alia, in the nature of an application directing the immediate release of the petitioner, who is incarcerated in the Nassau County Correctional Facility.

ADJUDGED that the writ is dismissed, without costs or disbursements.

The petitioner has failed to demonstrate his entitlement to immediate release (see People ex rel. Douglas v Vincent , 50 NY2d 901, 903).

The petitioner's remaining contentions are without merit.

MASTRO, J.P., DUFFY, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court