People ex rel. Lee v. Lee

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Sammarco, J.), dated October 7, 2011, which, without a hearing, denied the petition and dismissed the proceeding.

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

The issue that the petitioner raises in this proceeding for a writ of habeas corpus was raised by the petitioner, and reviewed by the Supreme Court, Kings County (Chun, J.), in a prior motion to vacate his judgment of conviction pursuant to CPL article 440.…