People ex rel. Evans v. New York State Department of Corrections

—Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 5, 1999 in Clinton County, which converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, into a proceeding pursuant to CPLR article 78 and dismissed the petition.

On December 9, 1981, petitioner was sentenced in Supreme Court, New York County, as a second felony offender to concurrent prison terms of 6 to 12 years for robbery and criminal possession of a weapon. Petitioner was released on parole in 1987 and again in 1989; however, while on parole he committed several…