Appellate Division of the Supreme Court of New York, 1985

People ex rel. Dakin v. Headly

People ex rel. Dakin v. Headly
Appellate Division of the Supreme Court of New York · Decided January 28, 1985
107 A.D.2d 837; 484 N.Y.S.2d 677; 1985 N.Y. App. Div. LEXIS 42761
People ex rel. Dakin v. Headly

Opinion of the Court

— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County (Sullivan, J.), entered June 21,1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The record herein supports a conclusion that the respondent met his “modest” burden of establishing that the petitioner was not “ ‘subject to the convenience and the practical control of the Parole Board’ ” (People ex rel. Gonzales v Dalsheim, 52 NY2d 9, 14, quoting People ex rel. Walsh v Vincent, 40 NY2d 1049, 1050; Matter of Vasquez v New York State Bd. of Parole, 58 NY2d 981). Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.

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