PEOPLE EX REL. MABERY v. LEONARDO


177 A.D.2d 766 (1991)

The People of the State of New York ex rel. Fred Mabery, Appellant, v. Arthur A. Leonardo, as Superintendent of Great Meadow Correctional Facility, Respondent

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

November 7, 1991


We agree with Supreme Court's determination that petitioner was not entitled to habeas corpus relief. His 25-year New York prison sentence will not expire until 1999 and it is this date, not the original conditional release date of February 21, 1991, which is the point in time at which the right to release would accrue (see, People ex rel. Miranda v Kuhlmann, 127 A.D.2d 924, lv denied 69 N.Y.2d 612).

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