Opinion
Motion No. KAH 23-00059
02-23-2023
THE PEOPLE OF THE STATE OF NEW YORK EX REL., CASSANDRA RONK, 21-G-0208, PETITIONER-APPELLANT, v. S. SQUIRES, SUPERINTENDENT OF ALBION CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND MONTOUR, JJ.
Petitioner having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Orleans County, entered August 18, 2022, and for assignment of counsel, 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 for permission to proceed as a poor person is denied, and
It is further ORDERED that 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 she "has been released from custody and, therefore, her liberty is no longer restrained to such a degree as to entitle her 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]).