People ex rel. Porter v. Napoli

Appeal from a judgment of the Supreme Court (Garry, J.), entered July 3, 2007 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1995, petitioner was convicted of criminal possession of a controlled substance in the third degree and was sentenced to 2 to 6 years in prison. He was subsequently released to parole supervision on three separate occasions, but was returned to the custody of the Department of Correctional Services (hereinafter DOCS) as a parole violator following each release. In…