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People ex Rel. Walker v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1061 (N.Y. App. Div. 1991)

Opinion

June 7, 1991

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to petitioner's contention that he was denied the statutory right to a final parole revocation hearing within 90 days of the probable cause determination made on August 23, 1989 (see, Executive Law § 259-i [f] [i]). Excluding the periods of delay chargeable to petitioner by reason of his requests for adjournments, the final hearing was conducted well within the 90-day period and was, therefore, timely (see, People ex rel. Smith v Meloni, 142 A.D.2d 959; People ex rel. Sparrow v Johnson, 120 A.D.2d 694; Matter of Moulier v Smith, 115 A.D.2d 307, lv denied 67 N.Y.2d 603). Supreme Court also correctly determined that the remaining issues raised by petitioner were without merit.


Summaries of

People ex Rel. Walker v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1061 (N.Y. App. Div. 1991)
Case details for

People ex Rel. Walker v. Richardson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHARLES WALKER, Appellant, v…

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

Date published: Jun 7, 1991

Citations

174 A.D.2d 1061 (N.Y. App. Div. 1991)

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