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MATTER OF FRAILEY v. McCOY

181 Misc.2d 809 (1999)

696 N.Y.S.2d 636

In the Matter of NATHAN FRAILEY, Petitioner, v. JOSEPH McCOY, as Superintendent of Cayuga Correctional Facility, et al., Respondents.

Supreme Court, Cayuga County.

May 21, 1999.

Attorney(s) appearing for the Case

Nathan Frailey, petitioner pro se.

Eliot Spitzer, Attorney General, Syracuse (Patricia M. Bordonaro of counsel), for respondents.

OPINION OF THE COURT

PETER E. CORNING, J.

The court has reviewed the petition for a writ of habeas corpus, verified on March 26, 1999, in which petitioner seeks his release from custody on the grounds that the application of the parole guidelines enacted in January 1997 to his case violated the Ex Post Facto Clause of the United States Constitution.

Petitioner was revoked and restored to the Willard Drug...

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