PEOPLE RUSSELL v. ARTUZ (1999)

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

The PEOPLE, etc., ex rel. Albert RUSSELL, appellant, v. Christopher ARTUZ, etc., et al., respondents.

Decided: October 18, 1999

DANIEL W. JOY, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT and NANCY E. SMITH, JJ.

Albert Russell, Stormville, N.Y., appellant pro se. Eliot L. Spitzer, Attorney-General, New York, N.Y. (Robert A. Forte and Lyssa M. Sampson of counsel), for respondents.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.), dated March 13, 1998, which dismissed the proceeding.

ORDERED that the judgment is affirmed, without costs or disbursements.

Habeas corpus relief is not available to the appellant because he failed to establish that the granting of the writ would result in his immediate release (see, People ex rel. Kaplan v. Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 467 N.Y.S.2d 566, 454 N.E.2d 1309; People ex rel. Brettchneider v. Warden of Dept. of Corrections of City of N.Y., 253 A.D.2d 729, 677 N.Y.S.2d 478).

The appellant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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