Opinion
2003-05802.
Decided June 21, 2004.
In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated May 29, 2003, which denied the petition and dismissed the proceeding.
Amy L. Colvin, Halesite, N.Y., for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder and David Axinn of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., DANIEL F. LUCIANO, SANDRA L. TOWNES STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court properly found that the petitioner was lawfully detained at the Nassau County Jail pursuant to a parole violation warrant issued on January 6, 2003, by the New York State Division of Parole (hereinafter the Division). There is no merit to the petitioner's contention that this warrant should not have been issued because it was based on the same crimes as a previous parole violation warrant issued by the Division against the petitioner ( see People ex rel. McEneny v. New York State Div. of Parole, 268 A.D.2d 250; Matter of Jarrell v. Rodriguez, 167 A.D.2d 776; People ex rel. Williams v. Rodriguez, 108 A.D.2d 1007; cf. Matter of Bagby v. New York State Div. of Parole, 211 A.D.2d 715).
The petitioner's remaining contentions are without merit.
FLORIO, J.P., LUCIANO, TOWNES and FISHER, JJ., concur.