§Why CasetextPricing

The People ex rel. Eduardo Baez, Appellant,v.Superintendent, Queensboro Correctional Facility, et al., Respondents.

Brief

9 Cited authorities

  1. In Matter of New York v. Rashid

    2011 N.Y. Slip Op. 1316 (N.Y. 2010)   Cited 24 times

    No. 205. Argued October 19, 2010. Decided November 23, 2010. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered December 22, 2009. The Appellate Division affirmed an order of the Supreme Court, New York County (Daniel P. Conviser, J.; op 25 Misc 3d 318), which had (1) granted respondent's motion to dismiss a petition seeking sex offender civil management of respondent pursuant to Mental Hygiene Law

  2. People v. Steven Acevedo

    2010 N.Y. Slip Op. 3472 (N.Y. 2010)   Cited 15 times
    In People v Acevedo (14 NY3d 828 [2010]), we held that neither circumstance is present when a court imposes a determinate sentence under the 2004 DLRA. Such resentencing constitutes "alteration of the existing sentence as authorized by law" (id. at 831), rather than imposition of a new sentence or of an additional term of imprisonment.

  3. People v. Norris

    2013 N.Y. Slip Op. 1869 (N.Y. 2013)   Cited 9 times

    2013-03-21 The PEOPLE of the State of New York, Respondent, v. Tyrell NORRIS, Appellant. The People of the State of New York, Respondent, v. Elbert Norris, Appellant. Lynn W.L. Fahey, Appellate Advocates, New York City (Paul Skip Laisure of counsel), for appellant in the first above-entitled action. Lynn W.L. Fahey, Appellate Advocates, New York City (Kathleen E. Whooley and Paul Skip Laisure of counsel), for appellant in the second above-entitled action. Lynn W.L. Fahey, Appellate Advocates, New

  4. Matter of Roballo v. Smith

    63 N.Y.2d 485 (N.Y. 1984)   Cited 33 times

    Argued October 16, 1984 Decided November 27, 1984 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John S. Conable, J. Susan K. Jones and Norman P. Effman for appellant. Robert Abrams, Attorney-General ( Wayne L. Benjamin and Peter H. Schiff of counsel), for respondents. Chief Judge COOKE. Petitioner was convicted of first degree rape, a class B felony, and second degree assault, a class D felony. He was sentenced on each conviction as a persistent felony

  5. Campbell v. Evans

    105 A.D.3d 1277 (N.Y. App. Div. 2013)   Cited 2 times
    Rejecting parolee's challenge to his delinquency and noting in passing that his delinquent status "interrupted the running of [the parolee's] sentence and altered its maximum expiration date"

  6. Walker v. Dennison

    36 A.D.3d 89 (N.Y. App. Div. 2006)   Cited 5 times
    In Walker, however, the petitioners had already served more than the maximum prison terms originally imposed for their non-drug-related crimes when they applied to the Division of Parole for termination of their sentences pursuant to Executive Law former § 259–j(3–a) (see id. at 90, 824 N.Y.S.2d 464).

  7. In re Alice D.

    102 A.D.3d 686 (N.Y. App. Div. 2013)

    2013-01-9 In the Matter of ALICE D. (Anonymous). Matthew M. Lupoli, as guardian of the person and property of Alice D. (Anonymous); Edward G. Bailey, et al., nonparty-appellants; George Brucker, nonparty-respondent. Bailey & Sherman, P.C., Douglaston, N.Y. (Anthony V. Gentile and Edward G. Bailey, pro se, of counsel), nonparty-appellant pro se, and for nonparty-appellants Keishma Smallwood and Alice Collins. Joseph V. DiBlasi, New York, N.Y., for nonparty-respondent (no brief filed). Bailey & Sherman

  8. People ex rel. Ordonez v. Warden, Rikers Island Correctional Facility

    10 Misc. 3d 241 (N.Y. Sup. Ct. 2005)   Cited 4 times

    55400/2002. September 29, 2005. Legal Aid Society ( Brian Slater of counsel), for petitioner. Eliot Spitzer, Attorney General ( Efthimios Parasidis of counsel), for New York State Division of Parole, respondent. OPINION OF THE COURT MEGAN TALLMER, J. This case raises an issue of apparent first impression. Chapter 738 of the Laws of 2004, commonly known as the Drug Law Reform Act, enacted section 259-j (3-a) of the Executive Law. That section provides, "The division of parole must grant termination

  9. People v. Fudger

    81 A.D.2d 729 (N.Y. App. Div. 1981)   Cited 2 times

    April 30, 1981 Appeal by permission, from an order of the County Court of Montgomery County, entered July 21, 1980, which denied defendant's motion for resentencing and discharge from custody. In 1976, defendant was convicted of criminal possession of stolen property in the second degree, and the following year of arson in the fourth degree. A sentence of 2 to 4 years on each charge, to run consecutively, was imposed. While confined, he was indicted for other crimes including burglary in the third