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PEOPLE (O'CONNOR) v. BERBARY

195 Misc.2d 36 (2002)

756 N.Y.S.2d 714

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALFRED O'CONNOR, on Behalf of KEVIN LASCH, Petitioner, v. JAMES BERBARY, as Superintendent of Collins Correctional Facility, et al., Respondents.

Supreme Court, Erie County.

December 19, 2002.

Attorney(s) appearing for the Case

Alfred O'Connor for petitioner.

Eliot Spitzer, Attorney General (Stephen P. Gawlik of counsel), for respondents.

OPINION OF THE COURT

VINCENT E. DOYLE, J.

Petitioner seeks habeas corpus relief discharging him from the custody of respondent Berbary, where he has remained since the maximum expiration of his sentence on December 22, 2001. By order to show cause granted November 8, 2002, this court directed that the matter be heard in this court on December 3, 2002 at 10:00 A.M. At that time, the court heard counsel for...

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