People ex rel. Lyons v. Conway

Proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002 [b] [2]) seeking a writ of habeas corpus.

It is hereby ordered that said petition be and the same hereby is unanimously denied without costs.

Memorandum: Petitioner, an inmate at Attica Correctional Facility, commenced this original proceeding pursuant to CPLR 7002 (b) (2) seeking a writ of habeas corpus on the ground that, pursuant to the decision of the Court of Appeals in People v Suarez (6 NY3d 202 [2005]), the evidence presented at his…