PEOPLE DAVIDSON v. WALKER (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York ex rel. Ronald DAVIDSON, Petitioner-Appellant, v. Hans WALKER, Superintendent, Auburn Correctional Facility, Respondent-Respondent.

Decided: June 18, 1999

PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., CALLAHAN and BALIO, JJ.

James A. Leone, Auburn, for petitioner-appellant. Wayne L. Benjamin, Albany, for respondent-respondent.

Supreme Court properly dismissed the petition for a writ of habeas corpus. In affirming the dismissal of a prior similar petition brought by petitioner, we observed that an application to correct the discrepancy between the stenographic minutes of the sentence and the order of commitment must be addressed to the sentencing court (see, People ex rel. Davidson v. Kelly, 193 A.D.2d 1140, 1141, 600 N.Y.S.2d 658). Any correction of that discrepancy must reflect that, upon relator's conviction of three class A-I felonies, the sentencing court was required to impose an indeterminate sentence with a maximum term of life imprisonment (see, Penal Law § 70.00[1], [2][a] ). Because the maximum term has not expired, habeas corpus relief is unavailable (see, People ex rel. Whitney v. Wilson, 259 App.Div. 1107, 21 N.Y.S.2d 300, affd. 285 N.Y. 676, 34 N.E.2d 378).

Judgment unanimously affirmed without costs.

MEMORANDUM:

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