People ex rel. Moeller v. Rivera

*803OPINION OF THE COURT

Henry F. Zwack, J.

In the present application for a writ of habeas corpus, relator challenges the determination by Department of Correctional Services (DOCS) to calculate his sentences consecutively. He argues that he is entitled to immediate release. Respondent opposes the application.

On February 4, 1994, relator was sentenced to an indeterminate term of imprisonment of V-h to 4V2 years upon his conviction for the crimes of burglary in the second degree and burglary in the third degree. While on parole release for these offenses, relator committed another second degree…