PEOPLE EX REL. STEINBERG v. SUPERINTENDENT OF THE GREEN HAVEN CORR. FACILITY


56 A.D.2d 831 (1977)

The People of the State of New York ex rel. David Steinberg, on behalf of Johnny Roballo, Appellant, v. Superintendent of the Green Haven Correctional Facility, et al., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 1, 1977


Judgment reversed, on the law, without costs and disbursements, and respondents are directed to discharge petitioner from custody forthwith, in accordance with the provisions of section 70.40 of the Penal Law.

Petitioner commenced a CPLR article 78 proceeding to compel the respondent superintendent to credit him with 257 days of jail time, to correct the computation of his sentence and to adjust his conditional release date. That petition was granted and, pursuant...

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