PEO EX REL ORDONEZ v. WARDEN


10 Misc.3d 241 (2005)

806 N.Y.S.2d 378

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARIANO ORDONEZ, Petitioner, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY et al., Respondents.

Supreme Court, Bronx County.

September 29, 2005.


Attorney(s) appearing for the Case

Legal Aid Society (Brian Slater of counsel), for petitioner.

Eliot Spitzer, Attorney General (Efthimios Parasidis of counsel), for New York State Division of Parole, respondent.


OPINION OF THE COURT

MEGAN TALLMER, J.

This case raises an issue of apparent first impression. Chapter 738 of the Laws of 2004, commonly known as the Drug Law Reform Act, enacted section 259-j (3-a) of the Executive Law. That section provides, "The division of parole must grant termination of sentence after three years of unrevoked parole to a person serving an indeterminate sentence for a class A felony...

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