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People ex Rel. Clinkscales v. Bombard

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 940 (N.Y. App. Div. 1977)

Opinion

March 28, 1977


In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, entered June 14, 1976, which dismissed the petition and remanded him to the custody of respondent Bombard. Judgment affirmed, without costs or disbursements. At the time petitioner was first taken into custody, he admitted the original parole violations, and probable cause was found at the preliminary hearing. Grounds appeared for two additional violations. Following a supplemental report, petitioner was served with the charges prior to the final parole revocation hearing. In the light of the admissions and the time required for the supplemental report, the three and one-half month delay from the commencement of custody was not unreasonable. (Cf. People ex rel. Royster v Bombard, 55 A.D.2d 940; People ex rel. Walsh v Vincent, 40 N.Y.2d 1049.) We have considered petitioner's other arguments and find them to be without merit. Margett, Acting P.J., Shapiro, Titone and O'Connor, JJ., concur.


Summaries of

People ex Rel. Clinkscales v. Bombard

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 940 (N.Y. App. Div. 1977)
Case details for

People ex Rel. Clinkscales v. Bombard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. BOBBY CLINKSCALES, Appellant…

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

Date published: Mar 28, 1977

Citations

56 A.D.2d 940 (N.Y. App. Div. 1977)

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