People ex rel. Long v. New York State Board of Parole

*896OPINION OF THE COURT

Roger J. Miner, J.

By consent of the parties, this proceeding, originally brought on by writ of habeas corpus, will be treated as a proceeding pursuant to CPLR article 78 and the return of respondents will be treated as a motion to dismiss.

Petitioner was sentenced to a term of 0-5 years upon conviction for the crime of robbery, second degree. The Board of Parole has determined that petitioner’s minimum period of imprisonment (MPI) shall be 32 months including jail time. The board gave the following reasons for the MPI established: "Minimum established due to the seriousness…