State ex rel. Hammer v. Keane

OPINION OF THE COURT

Nicholas Colabella, J.

In a proceeding pursuant to CPLR article 70, petitioner *133moves by order to show cause for an order declaring his continued detention unlawful and directing his release.

Petitioner, Edward Miller, was convicted in New York State for the crimes of forgery in the second degree (two counts), criminal possession of forged instruments (13 counts) and grand larceny in the third degree, and sentenced to concurrent terms of lVs to 4Ys years. The original expiration date of sentence is September 8, 1989.

While at Fulton Correctional Facility in the work release…