PEOPLE EX REL. ENGEL v. LaCLAIR


60 A.D.3d 1263 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HOWARD ENGEL, Appellant, v. DARWIN LaCLAIR, as Superintendent of Franklin Correctional Facility, et al., Respondents.

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

Decided March 26, 2009.


PETERS, J.P.

In 2003, petitioner was convicted of assault in the second degree and sentenced to a prison term of three years with two years of postrelease supervision. In January 2008, petitioner was charged with various violations of his postrelease conditions. He pleaded guilty to one of the charges and, as a result, he was ordered held until the expiration date of his period of supervision. The Administrative Law Judge directed, however, that if petitioner completed...

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