People ex rel. Alford v. Berbary

Appeal from a judgment (denominated order) of Supreme Court, Erie County (Fahey, J.), entered January 16, 2002, which denied the petition for a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by dismissing that part of the petition seeking a writ of habeas corpus on the ground that petitioner was denied his right to *1338discretionary parole release and as modified the judgment is affirmed without costs.

Memorandum: Supreme Court properly determined that petitioner is not entitled to habeas corpus relief based…