People ex Rel. Stewart v. LeFevre

Full title: THE PEOPLE OF THE STATE OF NEW YORK ex rel. GEORGE STEWART, Appellant, v…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 13, 1985

111 A.D.2d 1005 (N.Y. App. Div. 1985)

Opinion

June 13, 1985

Appeal from the Supreme Court, Clinton County (Cerrito, J.).

Kane, J.

In this application for a writ of habeas corpus, defendant contends that he was unlawfully and unconstitutionally sentenced as a persistent felony offender. Special Term denied the application without a hearing, and this appeal ensued.

We affirm. The same issue asserted herein was raised by defendant on appeal from his judgment of conviction and found by this court to be without merit ( People v. Stewart, 96 A.D.2d 622, 623, lv denied 60 N.Y.2d 825). This being the case, habeas corpus does not lie ( see, People ex rel. Sales v. LeFevre, 93 A.D.2d 945, 946, lv denied 60 N.Y.2d 558).

Judgment affirmed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.