PEOPLE EX REL. HENDERSON v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


55 A.D.3d 1416 (2008)

864 N.Y.S.2d 621

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHARLES HENDERSON, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

October 3, 2008.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the habeas corpus proceeding is converted to a CPLR article 78 proceeding in the nature of prohibition, the petition is granted and judgment is granted in favor of petitioner as follows: "It is ADJUDGED that respondent is prohibited from imposing upon petitioner a period of postrelease supervision."

Memorandum:

Petitioner commenced this habeas corpus ...

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