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PEOPLE EX REL. ALLEN v. YELICH

No. 138.

32 N.Y.3d 1144 (2018)

2018 NY Slip Op 08426

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERICK ALLEN, Appellant, v. BRUCE YELICH, as Superintendent of Bare Hill Correctional Facility, Respondent.

Court of Appeals of New York.

Decided December 11, 2018.

Attorney(s) appearing for the Case

Karen L. Murtagh, Prisoners' Legal Services of New York, Plattsburgh (Michael E. Cassidy of counsel), for appellant.

Barbara D. Underwood, Attorney General, Albany (Brian D. Ginsberg, Andrea Oser and Victor Paladino of counsel), for respondent.

Order affirmed, without costs, in a memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. On the record before us, there is no reason to disturb the determination of the Appellate Division that petitioner was not entitled to the relief sought (see Penal Law §§ 70.45 [5] [d]; 70.40 [3] [c]). As petitioner concedes, the Department of Corrections and Community Supervision was not bound by the New Jersey sentencing court's recommendation...

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