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THE PEOPLE OF THE STATE OF NEW YORK EX REL. SHERMAN WALKER, PETITIONER–APPELLANT, v. MS. DOLCE, SUPERINTENDENT, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT–RESPONDENT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: We reject the contention of petitioner that Supreme Court erred in dismissing his petition for a writ of habeas corpus. The remedy of habeas corpus is unavailable because petitioner would not be eligible for immediate release from custody in the event that he succeeded on the merits of the proceeding (see People ex rel. Porter v. Napoli, 56 AD3d 830, 831; see also People ex rel. Hinton v Graham, 66 AD3d 1402, 1402, lv denied 13 NY3d 934, rearg. denied 14 NY3d 795). We note that, although this Court has the power to convert this proceeding into one pursuant to CPLR article 78 (see People ex rel. Brown v New York State Div. of Parole, 70 N.Y.2d 391, 398), we deem such conversion to be inappropriate on the record before us. Finally, contrary to petitioner's contention, petitioner was afforded meaningful representation by the attorney assigned to represent him in connection with the habeas corpus proceeding (see generally People v. Stultz, 2 NY3d 277, 287, rearg. denied 3 NY3d 702; People v. Benevento, 91 N.Y.2d 708, 712).
Frances E. Cafarell
Clerk of the Court
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Docket No: KAH 13–01517
Decided: February 06, 2015
Court: Supreme Court, Appellate Division, Fourth Department.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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