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People ex Rel. Ward v. Russi

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 862 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

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

Present — Green, J.P., Pine, Wesley, Callahan and Davis, JJ.


Judgment unanimously affirmed without costs. Memorandum: Upon relator's conviction for a felony committed while under parole supervision, relator's parole was revoked by operation of law (see, Executive Law § 259-i [d] [iii]; People ex rel. Harris v Sullivan, 74 N.Y.2d 305, 308; Matter of Thompson v New York State Div. of Parole, 171 A.D.2d 909). A parole revocation hearing, therefore, was not required (see, People ex rel. Harris v Sullivan, supra, at 308, 310; Matter of Pierre v Rodriguez, 131 A.D.2d 763, 764). Further, although respondent did not issue the final declaration of delinquency "upon [relator's] reception at an institution under the jurisdiction of the department of correctional services" ( 9 NYCRR 8004.3 [h]), habeas corpus relief is not available because the delay in issuing the declaration did not entitle relator to immediate release from custody (see, People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903; People ex rel. Dell v Walker, 186 A.D.2d 1043, lv denied 81 N.Y.2d 702; People ex rel. Roman v Higgins, 186 A.D.2d 1044).


Summaries of

People ex Rel. Ward v. Russi

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 862 (N.Y. App. Div. 1995)
Case details for

People ex Rel. Ward v. Russi

Case Details

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

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 862 (N.Y. App. Div. 1995)
632 N.Y.S.2d 45

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