Opinion
Motion No. KAH 22-00286 Index No. 22 178-21
06-13-2022
THE PEOPLE OF THE STATE OF NEW YORK EX REL., DL RILEY, PETITIONER-APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
Appellant having moved for permission to proceed as a poor person and assignment of counsel, on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered December 16, 2021,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is dismissed.
Memorandum: Petitioner has failed to set forth sufficient facts to demonstrate merit to the appeal, inasmuch as he "has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus" (People ex rel. McGann v Ross, 91 N.Y.2d 865, 865 [1997]; cf. People ex rel. McManus v Horn, 18 N.Y.3d 660, 663-664 [2012]).