People ex rel. Mosqueda v. Hanslmaier

• Decision Date: 09 February 1995
• Citation: 212 A.D.2d 882,623 N.Y.S.2d 164
• Parties: The PEOPLE of the State of New York ex rel. Marcos MOSQUEDA, Appellant, v. Robert HANSLMAIER, as Acting Superintendent of Woodbourne Correctional Facility, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 164

623 N.Y.S.2d 164

212 A.D.2d 882

The PEOPLE of the State of New York ex rel. Marcos MOSQUEDA, Appellant, v. Robert HANSLMAIER, as Acting Superintendent of Woodbourne Correctional Facility, Respondent.

Supreme Court of New York, Appellate Division,

Third Department.

Feb. 9, 1995.

Marcos Mosqueda, in pro per.

Dennis C. Vacco, Atty. Gen. (Martin A. Hotvet, of counsel), Albany, for respondent.

CASEY, Justice.

Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner failed to establish that a writ of habeas corpus is the appropriate remedy for the claims which arise out of his prior conviction (see, People ex rel. Graham v. McClellan, 182 A.D.2d 872, 582 N.Y.S.2d 39, appeal dismissed 80 N.Y.2d 892, 587 N.Y.S.2d 908, 600 N.E.2d 635).

ORDERED that the judgment is affirmed, without costs.

MIKOLL, J.P., and MERCURE, WHITE and YESAWICH, JJ., concur.