People ex rel. Bernzott v. Murray

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), entered December 12, 2003. The judgment converted the petition under CPLR article 70 to one under CPLR article 78 and denied the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: The sole contention of petitioner on appeal is that he is entitled to habeas corpus relief because he remains incarcerated past the date of his conditional release. “Contrary to petitioner’s contention, ‘it is within the…