People ex rel. Bariteau v. Donelli

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 2, 2005 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, who had been convicted of robbery in the second degree, was released to parole supervision in February 2001. When he subsequently violated the conditions of his parole, his parole was revoked and a delinquent time assessment of 24 months was imposed. Petitioner then brought the instant petition for a writ of habeas corpus contending that the…