People ex rel. Sellers v. Mancusi

Appellate Division of the Supreme Court of New York

People ex rel. Sellers v. Mancusi

40 A.D.2d 758, 337 N.Y.S.2d 544, 1972 N.Y. App. Div. LEXIS 3655

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 26, 1972

StatusPublished

This text of 40 A.D.2d 758 (People ex rel. Sellers v. Mancusi) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Sellers v. Mancusi, 40 A.D.2d 758, 337 N.Y.S.2d 544, 1972 N.Y. App. Div. LEXIS 3655 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Relator appeals from the judgment dismissing his writ of habeas corpus proceeding in which, in effect, he seeks a recomputation of the period of his lawful detention under his sentences of 1965 and 1969, which the Parole Board has computed to extend to May 10, 1973 and which relator contends have expired. On November 11, 1971, relator was released on parole under those sentences and he remains on parole. “His liberty [therefore] is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus ” (People ex rel. Wilder v. Markley, 26 N Y 2d 648). Thus relator has chosen an incorrect remedy. Our determination is without prejudice to his application to the Parole Board or his petition to the court for a recomputation of his sentence (see People v. Cornish, 21 A D 2d 280). (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Goldman, P. J., Marsh, Witmer, Gabrielli and Moule, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: Relator appeals from the judgment dismissing his writ of habeas corpus proceeding in which, in effect, he seeks a recomputation of the period of his lawful detention under his sentences of 1965 and 1969, which the Parole Board has computed to extend to May 10, 1973 and which relator contends have expired. On November 11, 1971, relator was released on parole under those sentences and he remains on parole. “His liberty [therefore] is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus ” (People ex rel. Wilder v. Markley, 26 N Y 2d 648). Thus relator has chosen an incorrect remedy. Our determination is without prejudice to his application to the Parole Board or his petition to the court for a recomputation of his sentence (see People v. Cornish, 21 A D 2d 280). (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Goldman, P. J., Marsh, Witmer, Gabrielli and Moule, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 758, 337 N.Y.S.2d 544, 1972 N.Y. App. Div. LEXIS 3655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-sellers-v-mancusi-nyappdiv-1972.