PEOPLE EX REL. HURLEY v. JUBERT


56 A.D.3d 915 (2008)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JONATHAN HURLEY, Appellant, v. L. JUBERT, as Acting Superintendent of Bare Hill Correctional Facility, Respondent.

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

November 13, 2008.


In 2004, petitioner was convicted of multiple felonies and was sentenced to an aggregate term of 13 to 39 years in prison. The sentence and commitment form directed that he be "committed to the custody of the New York City Department of Correction to be delivered to and incarcerated in the appropriate correctional facility." Following his incarceration, petitioner commenced the instant proceeding for a writ of habeas corpus, claiming that the sentencing court violated Penal...

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