People ex rel. Allen v. Yelich

• Decision Date: 11 December 2018
• Docket Number: No. 138,138
• Citation: 32 N.Y.3d 1144,116 N.E.3d 1239,92 N.Y.S.3d 707 (Mem)
• Parties: 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: New York Court of Appeals Court of Appeals

32 N.Y.3d 1144

116 N.E.3d 1239

92 N.Y.S.3d 707 (Mem)

The PEOPLE of the State of New York EX REL. Erick ALLEN, Appellant,

v.Bruce YELICH, as Superintendent of Bare Hill Correctional Facility, Respondent.

No. 138

Court of Appeals of New York.

December 11, 2018

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.

OPINION OF THE COURTMEMORANDUM.

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 (see Jake v. Herschberger, 173 F.3d 1059, 1065 [7th Cir.1999] ; Breeden v. New Jersey Dept. of Corrections, 132 N.J. 457, 465, 625 A.2d 1125, 1129 [1993] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Order affirmed, without costs, in a memorandum.