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Matter of Miller v. Russi

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1996
225 A.D.2d 368 (N.Y. App. Div. 1996)

Opinion

March 12, 1996

Appeal from the Supreme Court, New York County [Walter Tolub, J.].


Respondent's determination that petitioner violated a condition of his parole by resisting arrest is supported by a preponderance of the evidence (Executive Law § 259-i [f] [viii]). Contrary to petitioner's contention, the police had probable cause to believe that petitioner had committed a crime when they apprehended him, such that the arrest was lawful ( People v Hollman, 79 N.Y.2d 181, 185). We have reviewed petitioner's other claims and find them to be without merit.

Concur — Wallach, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Matter of Miller v. Russi

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1996
225 A.D.2d 368 (N.Y. App. Div. 1996)
Case details for

Matter of Miller v. Russi

Case Details

Full title:In the Matter of JAMES MILLER, Petitioner, v. RAUL RUSSI, as Chair of the…

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

Date published: Mar 12, 1996

Citations

225 A.D.2d 368 (N.Y. App. Div. 1996)
639 N.Y.S.2d 688

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