Appellate Division of the Supreme Court of the State of New York May 2, 2001 (Jones v. Berbary)

—Judgment unanimously affirmed without costs. Memorandum: Petitioner was released to parole supervision on December 1, 1997, while serving an indeterminate term of incarceration of IV2 to 3 years and was arrested on a charge of criminal sale of a controlled substance in the third degree (Penal Law § 220.39) on February 6, 1998. Petitioner posted bail and was released.