PEOPLE EX REL. STEVENSON v. BEAVER


309 A.D.2d 1171 (2003)

765 N.Y.S.2d 291

THE PEOPLE OF STATE OF NEW YORK ex rel. ERICANDER STEVENSON, Appellant, v. JOHN BEAVER, as Superintendent of Orleans Correctional Facility, Respondent.

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

Decided October 2, 2003.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by dismissing that part of the petition seeking a writ of habeas corpus on the ground that petitioner's sentence was miscalculated and as modified the judgment is affirmed without costs.

Memorandum:

Supreme Court should have dismissed, rather than denied, that part of the petition seeking a writ of habeas corpus on the ground that petitioner's...

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