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People ex Rel. Moore v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 928 (N.Y. App. Div. 2001)

Opinion

February 7, 2001.

Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Habeas Corpus.

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, BURNS AND LAWTON, JJ.


Judgment unanimously affirmed without costs.

Memorandum:

Because the final parole revocation hearing was held "within ninety days of the probable cause determination" (Executive Law § 259-i [f] [i]), Supreme Court properly denied the petition seeking a writ of habeas corpus ( see, People ex rel. Gray v. Campbell, 241 A.D.2d 723; People ex rel. Ruiz v. Leonardo, 175 A.D.2d 964). Contrary to petitioner's contention, "[t]here is no requirement that the decision on the hearing be received by the parolee within the 90-day period" ( People ex rel. Haskins v Waters, 87 A.D.2d 657; see, People ex rel. Tyler v. Travis, 269 A.D.2d 636, 636-637).


Summaries of

People ex Rel. Moore v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 928 (N.Y. App. Div. 2001)
Case details for

People ex Rel. Moore v. Williams

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK EX REL. HOUSTON MOORE…

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

Date published: Feb 7, 2001

Citations

280 A.D.2d 928 (N.Y. App. Div. 2001)
719 N.Y.S.2d 921