PEOPLE EX REL. VICTORY v. HERBERT


277 A.D.2d 933 (2000)

716 N.Y.S.2d 254

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALBERT VICTORY, Respondent, v. VICTOR HERBERT, as Superintendent of Attica Correctional Facility, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.


Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition for a writ of habeas corpus and directing respondents to release petitioner to parole supervision. The court "lacked the authority to direct the release of [petitioner] to parole status because that remedy invades the discretionary decision-making authority of [the Parole Board]" (Matter of Moore v New York State Bd. of...

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