People ex rel. Mabery v. Leonardo

Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered April 8, 1991 in Washington County, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

We agree with Supreme Court’s determination that petitioner was not entitled to habeas corpus relief. His 25-year New York prison sentence will not expire until 1999 and it is this date, not the original conditional release date of February 21, 1991, which is the point in time at which the right to release would accrue (see, People ex rel. Miranda v Kuhlmann, *767127 AD2d…