People ex rel. Batsford v. State of New York Division of Parole
Opinion of the Court
— Appeal from a judgment of the Supreme Court at Special Term (Lee, Jr., J.), entered May 18,1982 in Chenango County, which denied petitioner’s application for a writ of habeas corpus, without a hearing. Petitioner is incarcerated at Camp Pharsalia Correctional Facility serving concurrent sentences of PA to 3 years for the crime of grand larceny in the third degree committed while he was on parole and the time owed on his original 1978 sentence which was one year and 24 days. In this pro se proceeding for a writ of habeas corpus, petitioner claims that he is improperly held because his conditional release date was improperly computed by the Parole Board and the Department of Correction. Special Term denied the writ without a hearing on the ground petitioner was being held in accordance with a lawful sentence. This appeal ensued. There should be an affirmance. Special Term properly denied petitioner’s application for a writ of habeas corpus. The petition on its face fails to meet the requirements of CPLR 7003 (subd [a]) since it does not allege facts showing that petitioner is being illegally detained (People ex rel. World v Jones, 88 AD2d 1096). On the face of the petition, petitioner will not be eligible for conditional release until February 2, 1983. He will not be eligible for parole release consideration until April, 1983, and his sentence will not expire until June 12, 1984. Petitioner’s conditional release date was properly computed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.