People ex rel. McNeil v. New York State Board of Parole

Petitioner moves herein by way of writ of habeas corpus for release from respondent’s custody on the ground that he was denied due process at his parole revocation hearing. Petitioner further asserts that subdivision 5 of section 803 of the Correction Law, to the extent that it denies a returned parole or conditional release violator good time credit on the remaining portion of his maximum term if such portion does not exceed one year, is unconstitutional.

Petitioner was sentenced to an indeterminate term not to *499exceed three years on October 26, 1973 following conviction for robbery in the…