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The People of the State of New York Ex Rel. Derrick Hamilton, Petitioner-Appellant v. Harold D. Graham

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2011

THE PEOPLE OF THE STATE OF NEW YORK EX REL. DERRICK HAMILTON, PETITIONER-APPELLANT,
v.
HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered December 17, 2010 in a habeas corpus proceeding.

People ex rel. Hamilton v Graham

Decided on December 30, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.

The judgment denied and dismissed the petition.

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

Entered: December 30, 2011

Frances E. Cafarell Clerk of the Court

20111230

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