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Fourth Department — Habeas Corpus: Mills v. Lempke

Appellate Division, Fourth Department  

Habeas Corpus

Irregularity or Defect in Commitment Order

Mills v. Lempke
KAH 11-01845
Appealed from Supreme Court, Seneca County

Background: The petitioner appealed from the denial of his habeas corpus petition. He argued that the court erred in applying res judicata.

Ruling: The Appellate Division affirmed. While the court agreed that the parties opposing his position are not identical to those opposing him in the resentencing proceeding, the petition should be denied on the merits. Specifically, the court found that irregularities or defects in an order of commitment would not entitle the petitioner to immediate release where there is a valid judgment of conviction underlying the commitment.

Linda M. Campbell for the petitioner-appellant; Richard Mills, pro se