
    The People of the State of New York ex rel. Dexter Washington, Appellant, v Harold Graham, Superintendent, Auburn Correctional Facility, Respondent.
    [881 NYS2d 351]
   Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered February 4, 2008 in a habeas corpus proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs {see People ex rel. Lewis v Graham, 57 AD3d 1508 [2008], Iv denied 12 NY3d 705 [2009]). Present—Scudder, PJ., Smith, Centra, Peradotto and Green, JJ.  