Perez v. Follette

This is an article 78 proceeding to compel the respondent to recompute the date petitioner may first appear before the Parole Board and also petitioner’s conditional release date.

Upon his plea of guilty to the crime of forgery in the third degree and grand larceny in the second degree, petitioner was sentenced, on April 28,1967, to a term of 2% to 5 years, in State prison less 2 months and 5 days jail time credit when he was received at Green Haven Prison on May 8, 1967. The Warden computed petitioner’s minimum release date — that is, the date he is first eligible for parole — by subtracting…