Opinion
March 11, 1985
Appeal from the Supreme Court, Dutchess County (Ingrassia, J.).
Judgment affirmed, without costs or disbursements.
The remedy of habeas corpus is not available inasmuch as petitioner is still serving time for the sentence imposed for a crime committed while he was on parole ( see, People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility, 47 N.Y.2d 779; Matter of Soto v. New York State Bd. of Parole, 107 A.D.2d 693; People ex rel. Knowles v. Scully, 101 A.D.2d 895; People ex rel. Collier v. Superintendent of Green Haven Correctional Facility, 72 A.D.2d 612). Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.