Opinion
May 2, 2003.
Appeal from an order of Supreme Court, Oneida County (Siegel, J.), entered April 30, 2002, which denied the application of petitioner for poor person relief in connection with his petition for a writ of habeas corpus.
Before: Green, J.P., Wisner, Scudder, Kehoe and Gorski, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court did not abuse its discretion in denying the application of petitioner for poor person relief in connection with his petition for a writ of habeas corpus. "[T]he petition `lacked any justiciable basis upon which a writ of habeas corpus could be sustained'" (People ex rel Brown v. Murray, 284 A.D.2d 987, 988, quoting People ex rel. Washington v. La Vallee, 34 A.D.2d 603, 603, lv denied 27 N.Y.2d 481; see People ex rel. Sanchez v. Hoke, 132 A.D.2d 861, 862).