People ex rel. Kelly v. Smith

Judgment unanimously affirmed. *703Memorandum: Relator, who is presently serving a 25 year to life sentence, instituted a habeas corpus proceeding claiming that he was improperly sentenced because the sentencing court was misinformed with respect to a Federal conviction contained in his probation report and which was subsequently reversed on appeal. Habeas corpus is not the appropriate proceeding to remedy any claimed error of a sentencing court particularly when relator, as here, is legally and properly held on an unrelated sentence (People ex rel. Ganci v Henderson, 51 AD2d 888). It is not…