Summary
granting habeas relief upon the consent of respondent where PRS term was not included in the trial court's sentence but was later administratively added by DOCS
Summary of this case from Trapp v. PooleOpinion
Civil Action No. 9:07-cv-640 (GLS/GHL).
June 12, 2008
FOR THE PETITIONER: DANIEL E. BOYER, Plaintiff Pro Se, Albany County Correctional Facility, Albany, New York.
FOR THE RESPONDENT: HON. ANDREW M. CUOMO, Attorney General for the State of New York, Counsel for Respondent, ALYSON J. GILL, Assistant Attorney General, New York, New York.
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed May 18, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge George H. Lowe filed May 18, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that the petition for a writ of habeas corpus (Dkt. No. 1) is GRANTED, and it is further
ORDERED, that the Clerk enter judgment in favor of the petitioner against the respondent.
IT IS SO ORDERED