PEOPLE EX REL. LEWIS v. NEW YORK STATE DIVISION OF PAROLE


60 A.D.3d 539 (2009)

874 N.Y.S.2d 806

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT LEWIS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided March 24, 2009.


Although the remedy of habeas corpus is unavailable because petitioner is no longer in custody, this proceeding is not moot because, among other things, it affects parole time credited to petitioner. Therefore, we consider the matter as a CPLR article 78 proceeding (see CPLR 103 [c]). Nevertheless, petitioner's arguments are without merit. Regardless of any alleged indications to the contrary, petitioner's 1994 sentence ran consecutively to his previous sentences ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases