PEOPLE v. JOHN

863 KAH 09-00994.

75 A.D.3d 1100 (2010)

904 N.Y.S.2d 620

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT S. FORSHEY, Appellant, v. DENNIS JOHN, Sheriff, Cattaraugus County, et al., Respondents.

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

Decided July 2, 2010.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the writ of habeas corpus is sustained.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he was unlawfully incarcerated for violating his parole. According to petitioner, his sentence was terminated pursuant to Executive Law § 259-j (3-a) by the date of the alleged parole violation and thus he was no longer...

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