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People ex Rel. Cruz v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 989 (N.Y. App. Div. 1991)

Opinion

February 1, 1991

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

Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: After a final parole revocation hearing, petitioner was found to have violated a condition of his parole release, his parole was revoked and he was ordered held for eight months before further consideration for parole release. Petitioner now appeals from a judgment dismissing his petition seeking habeas corpus relief and annulment of the revocation of his parole.

Under the circumstances of this case, the dismissal of the criminal charges against petitioner did not collaterally estop the Parole Board from revoking his parole based on the same conduct (see, People ex rel. Matthews v New York State Div. of Parole, 58 N.Y.2d 196; People ex rel. Thompson v Smith, 101 A.D.2d 690; People ex rel. Pickett v Ruffo, 96 A.D.2d 128; cf., People ex rel. Dowdy v Smith, 48 N.Y.2d 477).

Additionally, where, as here, the Attorney-General was not advised that the scheduled return date of the petition was July 23, 1990 until that date, in the absence of a showing of prejudice to petitioner, Supreme Court did not abuse its discretion in granting a four-day extension of time for respondents to serve their Return (see, People ex rel. Vanderburgh v Coombe, 102 A.D.2d 951).

We have considered petitioner's remaining arguments raised on appeal and find them to be without merit.


Summaries of

People ex Rel. Cruz v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 989 (N.Y. App. Div. 1991)
Case details for

People ex Rel. Cruz v. Richardson

Case Details

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

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

Date published: Feb 1, 1991

Citations

170 A.D.2d 989 (N.Y. App. Div. 1991)
566 N.Y.S.2d 669