PEOPLE EX REL. GONZALEZ v. SMITH


104 A.D.2d 725 (1984)

The People of the State of New York ex rel. Carlos J. Gonzalez, Jr., Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

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

September 21, 1984


Judgment unanimously affirmed.

Memorandum:

Petitioner appeals from a judgment dismissing his habeas corpus proceeding in which he claims respondents have erroneously computed the date when he should be eligible for consideration for reparole. Habeas corpus is not the proper vehicle for this action because even if the relief requested (i.e., earlier consideration for reparole) were granted, relator would not necessarily be entitled to immediate discharge (see...

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