PEOPLE EX REL. BURCH v. GOORD


48 A.D.3d 1306 (2008)

853 N.Y.S.2d 756

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SIDNEY BURCH, Appellant, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided February 20, 2008.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the writ of habeas corpus is sustained, and

It is further ordered that respondent is directed to discharge petitioner from custody forthwith.

Memorandum:

On September 7, 2004, petitioner admitted to violating the terms of a sentence of probation imposed in Supreme Court, Bronx County, upon his conviction of attempted robbery in the second degree...

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