People ex rel. Gonzalez v. Smith

— Judgment unanimously affirmed. Memorandum: Petitioner appeals from a judgment dismissing his habeas corpus proceeding in which he claims respondents have erroneously computed the date when he should be eligible for consideration for reparole. Habeas corpus is not the proper vehicle for this action because even if the relief requested (i.e., earlier consideration for reparole) were granted, relator would not necessarily be entitled to immediate discharge (see People ex rel. Washington v La Vallee, 34 AD2d 603; 6 Zett, NY Crim Prac, par 51.4 [1], [3]). Accordingly, we treat this matter as a…