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PEOPLE EX REL. DERRICK PRICE v. WEST

30 A.D.3d 852 (2006)

816 N.Y.S.2d 690

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DERRICK PRICE, Appellant, v. CALVIN WEST, as Superintendent of Elmira Correctional Facility, Respondent.

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

June 22, 2006.

Spain, J.

Petitioner, an inmate at Elmira Correctional Facility in Chemung County, commenced this CPLR article 70 proceeding for habeas corpus relief challenging the calculation of his conditional release date. Supreme Court dismissed the petition, prompting this appeal.

We affirm. Even assuming that petitioner is correct in his assertion that his conditional release date was miscalculated, he would not have been entitled to immediate release from prison and...

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