*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 821

KAH 11-02006

PRESENT: SCUDDER, P.J., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ. THE PEOPLE OF THE STATE OF NEW YORK EX REL.

CHARLES JACKSON, ALSO KNOWN AS HASAN RAQIYB,

PETITIONER-APPELLANT,

V ORDER ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE

CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. ALAN BIRNHOLZ, EAST AMHERST, FOR PETITIONER-APPELLANT.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), entered July 13, 2011 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Entered: June 29, 2012 Frances E. Cafarell

Clerk of the Court