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People ex rel. Yelle v. Greene, Index No. 2003-738 (Oneida Co. Sup. Ct.) - PLSNY
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People ex rel. Yelle v. Greene, Index No. 2003-738 (Oneida Co. Sup. Ct.)

This habeas corpus action demanded immediate release of petitioner Yelle, a sex offender, who was serving a 2-year determinate sentence with 3 years post release supervision. By respondent’s own calculations, Mr. Yelle’s maximum expiration date was August 8, 2001 however, after serving the two-year determinate sentence, parole refused to release him because he could not obtain a satisfactory residence. The court found in favor of petitioner holding, that, unlike conditional release, which is discretionary, the “right to release after serving the maximum term of one’s sentence is mandatory.”