PEOPLE EX REL. BATISTA v. WALSH


48 A.D.3d 845 (2008)

851 N.Y.S.2d 671

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HECTOR BATISTA, Appellant, v. JAMES J. WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided February 7, 2008.


Petitioner commenced this habeas corpus proceeding on the ground that the Department of Correctional Services improperly calculated his sentence and, as a result, he is being illegally detained beyond the expiration of the maximum term of his sentence. Concluding that petitioner's sentence was properly calculated, Supreme Court dismissed the petition, prompting this appeal. We affirm.

In 1987, petitioner was sentenced as a second felony offender to two concurrent...

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