PEOPLE TIMMERS v. MELLAS (2006)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York ex rel. Kwame S. TIMMERS, Petitioner-Appellant, v. Chris MELLAS, Superintendent, Watertown Correctional Facility, Respondent-Respondent.

Decided: March 17, 2006

PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND PINE, JJ.

Charles J. Greenberg, Buffalo, for Petitioner-Appellant. Eliot Spitzer, Attorney General, Albany (Marlene O. Tuczinski of Counsel), for Respondent-Respondent.

On appeal from a judgment dismissing his petition seeking a writ of habeas corpus, petitioner contends that the Administrative Law Judge erred in considering evidence of, inter alia, seized drugs and guns during the parole revocation hearing because that evidence had been suppressed in the underlying criminal action. That contention is without merit. The record establishes that petitioner's suppression motion in the underlying criminal action was in fact denied. We also reject petitioner's contention that the 60-month “time assessment,” i.e., the “date by which time [petitioner] will be eligible for re-release,” is illegal (9 NYCRR 8002.6[a]; see People ex rel. Grimmick v. McGreevy, 141 A.D.2d 989, 990, 531 N.Y.S.2d 39, lv. denied 73 N.Y.2d 702, 536 N.Y.S.2d 743, 533 N.E.2d 673; see also People ex rel. Matthews v. New York State Div. of Parole, 58 N.Y.2d 196, 205, 460 N.Y.S.2d 746, 447 N.E.2d 689; see generally 9 NYCRR 8005.20[c] [1] ).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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