People ex rel. Patterson v. Ercole

— In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Dolan, J.), dated January 31, 2008, which, without a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The appellant’s contention that a federal detention warrant compelling him to remain in custody has lapsed is based upon material dehors the record (see People ex rel. Roache v Connell, 31 AD3d 1199 [2006]). Moreover, habeas corpus is an inappropriate remedy for addressing the appellant’s other contention…