People ex rel. Kellams v. Henderson

Judgment unanimously affirmed. Memorandum: We agree with petitioner that habeas corpus was an appropriate proceeding to test whether petitioner had been denied his constitutional right to a prompt final parole revocation hearing (see People ex rel. Menachino v Warden, Green Haven State Prison, 27 NY2d 376, 379; People ex rel. Warren v Mancusi, 40 AD2d 279, 281). We find, however, no delay warranting petitioner’s immediate release. In 1971 petitioner was sentenced to 0-12 years for manslaughter, second degree. He was paroled on June 10, 1976 and on December 23, 1976 petitioner was incarcerated…