People ex rel. Ryan v. Cheverko

In a proceeding, in effect, pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Neary, J.), entered December 21, 2012, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the writ is sustained, and upon receipt of a certified copy of this decision and order the Warden of the facility at which the petitioner is incarcerated, or his or her agent, is directed to immediately release the petitioner.

On October 24, 2011, the petitioner was convicted of…