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Matter of Gonzalez v. N.Y. St. Div. of Parole

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1991
176 A.D.2d 237 (N.Y. App. Div. 1991)

Opinion

September 9, 1991

Appeal from the Supreme Court, Westchester County (Lange, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

There is no merit to the petitioner's contention that he was deprived of his rights to preliminary and final parole revocation hearings prior to the revocation of his parole. The petitioner's parole was revoked by operation of law as a result of a conviction in 1988 for criminal possession of a weapon in the third degree (see, Matter of Cohen v. New York State Bd. of Parole, 131 Misc.2d 495; People ex rel. Conyers v. New York State Div. of Parole, 130 Misc.2d 33). Accordingly, the petitioner had no right to a preliminary revocation hearing (see, Executive Law § 259-i [c] [i]; Matter of Alevras v Chairman of N.Y. Bd. of Parole, 118 A.D.2d 1020, 1021) nor to a final parole revocation hearing (see, Executive Law § 259-i [d] [iii]; People ex rel. Harris v. Sullivan, 74 N.Y.2d 305; Matter of Pierre v. Rodriguez, 131 A.D.2d 763, 764).

We have reviewed the petitioner's remaining contentions and find them to be without merit. Eiber, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Matter of Gonzalez v. N.Y. St. Div. of Parole

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1991
176 A.D.2d 237 (N.Y. App. Div. 1991)
Case details for

Matter of Gonzalez v. N.Y. St. Div. of Parole

Case Details

Full title:In the Matter of HECTOR GONZALEZ, Appellant, v. NEW YORK STATE DIVISION OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 9, 1991

Citations

176 A.D.2d 237 (N.Y. App. Div. 1991)
574 N.Y.S.2d 61

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