Antinore v. Genesee County Local Conditional Release Commission

OPINION OF THE COURT

Charles F. Graney, J.

Samuel Antinore, the petitioner herein, was previously sentenced by the Genesee County Court to a period of five years’ probation, the first six months of which were to be served in the Genesee County Jail. This disposition is authorized by Penal Law § 60.01 (2) (d). The petitioner commenced *521this period of incarceration on October 23, 1989. Subsequently the petitioner applied for conditional release pursuant to Penal Law § 70.40 (2) as amended by Laws of 1989 (ch 79). The petitioner’s application was rejected by the respondent on the basis that the…