PEOPLE (MOELLER) v RIVERA


21 Misc.3d 802 (2008)

867 N.Y.S.2d 878

THE PEOPLE OF THE STATE OF NEW YORK ex rel. PHILLIP G. MOELLER, Relator, v. FRANCISCO RIVERA, Superintendent, Wallkill Correctional Facility, Respondent.

Supreme Court, Ulster County.

October 7, 2008.


Attorney(s) appearing for the Case

Phillip G. Moeller, relator pro se.

Andrew M. Cuomo, Attorney General, Albany (Justin C. Levin of counsel), for respondent.


OPINION OF THE COURT

HENRY F. ZWACK, J.

In the present application for a writ of habeas corpus, relator challenges the determination by Department of Correctional Services (DOCS) to calculate his sentences consecutively. He argues that he is entitled to immediate release. Respondent opposes the application.

On February 4, 1994, relator was sentenced to an indeterminate term of imprisonment of 1&...

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