General
The People of the State of New York ex rel. James J. Nolletti, on Behalf of Robert Bitter, Petitioner, v. Kevin Cheverko, Acting Commissioner of Correction of Westchester County, Respondent
76 A.D.2d 646905 N.Y.S.2d 774·New York Supreme Court, Appellate Division·2010·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York ex rel. James J. Nolletti, on Behalf of Robert Bitter, Petitioner, v Kevin Cheverko, Acting Commissioner of Correction of Westchester County, Respondent.
[905 NYS2d 774]
[MAJORITY]
Writ of habeas corpus in the nature of an application to release the petitioner from the Westchester County Jail, where he is in custody pursuant to an order of commitment of the Supreme Court, Westchester County (Tolbert, J.), dated March 26, 2010.
Adjudged that the writ is dismissed, without costs and disbursements.
Under the circumstances presented, the petitioner is not entitled to relief in a habeas corpus proceeding (see CPLR art 70; People ex rel. Vogelfang v Perez, 66 AD3d 1052 [2009]; People ex rel. Douglas v Vincent, 67 AD2d 587 [1979], affd 50 NY2d 901 [1980]; cf. People ex rel. Bedell v Breole, 71 AD3d 801 [2010]). Miller, J.P., Hall, Austin and Roman, JJ, concur.