Ordered that the judgment is affirmed, without costs or disbursements.
Since the petitioner is in a federal prison outside of New York State, the Supreme Court, Kings County lacked jurisdiction to entertain his application and therefore properly denied the writ (see, CPLR 7002 [a], [b]; People v Mitchell, 59 Misc.2d 15, affd 45 A.D.2d 746; Matter of Hogan v Culkin, 18 N.Y.2d 330). Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.