Legal Opinion

People ex rel. McBride v. Alexander

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2007PublishedCited by 2 opinions

1Opinion of the Court

Writ of habeas corpus in the nature of an application for the release of former detainee Jorge Soto from a purported sentence of postrelease supervision.

Ordered that, pursuant to CPLR 103 (c), the matter is converted into a proceeding pursuant to CPLR article 78 in the nature of prohibition seeking to prohibit the respondent from enforcing the sentence of postrelease supervision; and it is further,

Ordered that the order to show cause for a writ of habeas corpus and the petition for a writ of habeas corpus are deemed to be an order to show cause and a petition in a proceeding pursuant to CPLR…

2Cases cited3 opinions

  1. People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
  2. People ex rel. DeFlumer v. StrackAppellate Division of the Supreme Court of the State of New York · 1995
  3. People ex rel. Gerard v. KralikAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by2 opinions

  1. People ex rel. McBride v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2008
  2. People ex rel. Eaddy v. GoordAppellate Division of the Supreme Court of the State of New York · 2008

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