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People ex rel. Lewis v. New York State Division of Parole

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 2009
60 A.D.3d 539 (N.Y. App. Div. 2009)

Opinion

March 24, 2009.

Order, Supreme Court, Bronx County (Ralph Fabrizio, J.), entered June 4, 2007, which denied petitioner's application for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

Before: Tom, J.P., Mazzarelli, Nardelli, Catterson and Moskowitz, JJ.


Although the remedy of habeas corpus is unavailable because petitioner is no longer in custody, this proceeding is not moot because, among other things, it affects parole time credited to petitioner. Therefore, we consider the matter as a CPLR article 78 proceeding (see CPLR 103 [c]). Nevertheless, petitioner's arguments are without merit. Regardless of any alleged indications to the contrary, petitioner's 1994 sentence ran consecutively to his previous sentences (see People ex rel. Gill v Greene, 12 NY3d 1).


Summaries of

People ex rel. Lewis v. New York State Division of Parole

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 2009
60 A.D.3d 539 (N.Y. App. Div. 2009)
Case details for

People ex rel. Lewis v. New York State Division of Parole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT LEWIS, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 24, 2009

Citations

60 A.D.3d 539 (N.Y. App. Div. 2009)
874 N.Y.S.2d 806

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