People ex rel. Hodge v. Wells

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), entered June 10, 1986 in Albany County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In May 1975 petitioner was sentenced to an indeterminate term of BV% to 7 years’ imprisonment based upon a conviction for grand larceny in the second degree. In September 1978 the State Board of Parole decided to grant petitioner parole and set an October 25, 1978 release date. Petitioner was given a furlough from October 13 to October 17, 1978 so…