| People ex rel. Haynes v Artus |
| 2008 NY Slip Op 04011 [51 AD3d 1075] |
| May 1, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Titus Haynes,Appellant, v Dale Artus, as Superintendent of Clinton Correctional Facility,Respondent. |
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Appeal from a judgment of the Supreme Court (Feldstein, J.), entered March 22, 2007 inClinton County, which denied petitioner's application for a writ of habeas corpus, in a proceedingpursuant to CPLR article 70, without a hearing.
Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeascorpus alleging that the documentation purporting to authorize the execution of his sentence isinsufficient. Supreme Court denied the application without a hearing and we affirm. The recordcontains a document entitled "sentence and order of commitment," which satisfies the statutoryrequirements (see CPL 380.60). Inasmuch as it is evident that a valid judgment ofconviction was entered, petitioner's challenge to the denomination of the documentationauthorizing his incarceration is unavailing (see People ex rel. Harris v Lindsay, 21 AD2d102, 106 [1964], affd 15 NY2d 751 [1965]; see also Matter of Frazier v Greene, 10 AD3d 743, 743 [2004]).Accordingly, petitioner's application was properly denied without a hearing.
Cardona, P.J., Spain, Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgmentis affirmed, without costs.