Opinion
01 Civ. 2912 (WK)
June 18, 2001
Petitioner Pro se, Douglas Fayton #98-R-3580, Hudson Correctional Facility, Hudson, New York.
ORDER
We have reviewed the above captioned petition seeking habeas corpus relief. Since this petition is based on a fully and fairly litigated Fourth Amendment claim, People v. Fayton (N.Y.App.Div. 2000) 715 N.Y.S.2d 2, leave to appeal denied, (Judge George Bundy Smith 2000) 722 N.Y.2d 480, such relief cannot be granted. Stone v. Powell (1976) 428 U.S. 465. For this reason, the petition is dismissed.
SO ORDERED.