Opinion
1998-11233.
Decided March 22, 2004.
In a habeas corpus proceeding, the petitioner appeals from a judgment of the County Court, Rockland County (Kelly, J.), entered November 6, 1998, which denied the petition and dismissed the proceeding.
Del Atwell, Montauk, N.Y., for appellant, and appellant pro se.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
The remedy of habeas corpus is not available to the petitioner, as he would not be entitled to immediate release since he is currently serving an 81-year-to-life sentence in the State of California ( see People ex rel. Medolia v. Superintendent, Green Haven Correctional Facility, 47 N.Y.2d 779; People ex rel. Bolling v. Miller, 256 A.D.2d 699).
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.