Opinion
KAH 02-00729
March 21, 2003.
Appeal from a judgment (denominated order) of Monroe County Court (Bellini, J.), entered October 16, 2001, which denied the petition for a writ of habeas corpus.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT EDMOND RYCZEK, SUPERVISOR, ROCHESTER OFFICE, NEW YORK STATE DIVISION OF PAROLE.
PRESENT: GREEN, J.P., PINE, HURLBUTT, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
In this proceeding for a writ of habeas corpus, petitioner challenges his detention resulting from his alleged violation of the terms of his postrelease supervision. The remedy of habeas corpus is not available because petitioner is presently incarcerated as the result of a subsequent felony conviction, and thus he would not be entitled to immediate release (see People ex rel. Cotton v. Rodriquez, 123 A.D.2d 338; see also People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility, 47 N.Y.2d 779).