Ahmad Abd'al Muntaqim v. Herbert

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking to vacate the determination that petitioner’s earliest eligible parole date is March 17, 2002. In 1973 petitioner was convicted of murder in the second degree (Penal Law § 125.25 [1]) and attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) based on crimes committed in 1972. In 1975 the judgment of conviction was re*977versed (People v McKnight, 36 NY2d 518), and petitioner was released from prison. In 1977 he was convicted on the retrial of those charges and…