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PEOPLE EX REL. BARITEAU v. DONELLI

24 A.D.3d 1065 (2005)

806 N.Y.S.2d 297

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SHAWN BARITEAU, Appellant, v. JOHN J. DONELLI, as Superintendent of Bare Hill Correctional Facility, Respondent.

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

December 22, 2005.

LAHTINEN, J.

Petitioner, who had been convicted of robbery in the second degree, was released to parole supervision in February 2001. When he subsequently violated the conditions of his parole, his parole was revoked and a delinquent time assessment of 24 months was imposed. Petitioner then brought the instant petition for a writ of habeas corpus contending that the 24-month delinquent time assessment was based on certain 1997 regulations enacted after his underlying...

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