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KING v. HOKE

No. 1102, Docket 86-2275.

825 F.2d 720 (1987)

Darryl KING, Petitioner-Appellant, v. Robert HOKE, Superintendent, Eastern Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 6, 1987.

Attorney(s) appearing for the Case

Myron Beldock, New York City (Beldock Levine & Hoffman, New York City, on the brief), for petitioner-appellant.

Ann Bordley, Asst. Dist. Atty., New York City (Elizabeth Holtzman, Dist. Atty., Barbara D. Underwood, Lisa Margaret Smith, Asst. Dist. Attys., New York City, on the brief), for respondents-appellees.

Before OAKES, NEWMAN, and PIERCE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal primarily presents the issue whether a sentencing judge's incorrect understanding of a defendant's minimum statutory parole eligibility date deprives the defendant of due process at sentencing. The issue arises on an appeal by Darryl King from a judgment entered in the District Court for the Eastern District of New York (Thomas C. Platt, Judge) denying his petition for a writ of habeas corpus to challenge his New York state...

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