PEOPLE EX REL. GERARD v. KRALIK


51 A.D.3d 1045 (2008)

858 N.Y.S.2d 771

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM A. GERARD, on Behalf of ROSENDO RIVERA, Petitioner, v. JAMES A. KRALIK, Respondent.

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

Decided May 27, 2008.


Adjudged that the writ is sustained, without costs or disbursements; and it is further,

Ordered that the respondent James A. Kralik, the Superintendent of the Rockland County Jail, is directed to immediately release the detainee Rosendo Rivera upon service upon him, or his representative, of a certified copy of this decision, order and judgment.

On May 2, 2000, pursuant to his plea of guilty, the detainee was sentenced to a determinate prison term of two years...

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