People ex rel. Montgomery v. Artus

Appeal from a judgment of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), entered November 29, 2011 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he was improperly sentenced as a persistent violent felony offender on his 1998 conviction of burglary in the second degree (Penal Law § 140.25 *1172[2]). We conclude that Supreme Court properly denied the petition. “Habeas corpus…