People ex rel. Holmes v. Smith

Judgment unanimously affirmed. Memorandum: Relator is an inmate at the Attica Correctional Facility, having been sentenced *1129on June 27, 1974 to an indeterminate term with a maximum of seven years upon his plea of guilty of attempted kidnapping in the second degree. On May 7, 1975 he met with a panel of the Board of Parole and his minimum period of imprisonment (MPI) was set at 3Vi years, excluding credit for 319 days of jail time. Relator brought an article 78 proceeding and the court found that the MPI was improperly fixed (see Correction Law, § 212, subd 2-a). It ordered that a new hearing…