NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
April 30, 2010
THE PEOPLE OF THE STATE OF NEW YORK EX REL. MELVIN SMITH, RESPONDENT,
MELVIN WILLIAMS, SUPERINTENDENT, WILLARD DRUG TREATMENT CAMPUS, APPELLANT.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered March 3, 2009 in a habeas corpus proceeding. The judgment granted the petition and directed release of petitioner to parole supervision.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed (see People ex rel. Van Steenburg v Wasser, 69 AD3d 1135 ; People ex rel. Muhammad v Bradt, 68 AD3d 1391 ; People ex rel. Almodovar v Berbary, 67 AD3d 1419 , lv denied 14 NY3d 703 ).
Present--Scudder, P.J., Martoche, Fahey, Green and Gorski, JJ.
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