The Third Department affirmed the Court of Claims, finding that claimant’s confinement was not privileged. Claimant had completed his sentence at the time of sentencing but he was held for a month:
…[I]n order to succeed on a claim of false imprisonment or unlawful confinement, claimant was required to show “that (1) defendant intended to confine him, (2) he was conscious of the confinement, (3) he did not consent to the confinement, and (4) such confinement was not otherwise privileged”… . The first three elements have undoubtedly been satisfied and, accordingly, the question distills to whether claimant’s confinement by DOCCS [Department of Corrections and Community Supervision] was privileged. The facts leading up to his detention are not in dispute and, after reviewing them, we agree with the Court of Claims that the confinement was not privileged.
Claimant was sentenced to a prison term as the result of his conviction and, “where a facially valid order issued by a court with proper jurisdiction directs confinement, that confinement is privileged” … . That being said, DOCCS was “‘conclusively bound’ by the terms of the sentence and commitment order,” which unambiguously directed that claimant be released after 1½ years of confinement … . DOCCS continued to confine claimant after that period had ended and, given the absence of any order that required it to do so, its actions were not privileged … . Miller v State of New York, 2015 NY Slip Op 00408, 3rd Dept 1-15-15