PEOPLE EX REL. BERNZOTT v. MURRAY


12 A.D.3d 1102 (2004)

784 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT BERNZOTT, Appellant, v. THOMAS J. MURRAY, as Superintendent of Gowanda Correctional Facility, Respondent.

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

November 19, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

The sole contention of petitioner on appeal is that he is entitled to habeas corpus relief because he remains incarcerated past the date of his conditional release. "Contrary to petitioner's contention, `it is within the discretion of the Division [of Parole] to impose the special condition of securing approved housing, even though...

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