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People ex rel. Gonzales v. New York State Division of Parole

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1018 (N.Y. App. Div. 1985)

Opinion

August 12, 1985

Appeal from the Supreme Court, Queens County (Rotker, J.).


Order reversed insofar as appealed from, on the law, without costs or disbursements, judgment vacated, parole revocation warrant reinstated, proceeding dismissed, and petitioner is directed to surrender himself to respondent Superintendent of Queensboro Correctional Facility for a final parole revocation hearing.

On October 1, 1983, petitioner was observed by an experienced police officer handing what appeared to be a white glassine envelope to an unnamed person in an area rampant with narcotics activities. Petitioner was found to be in possession of 24 glassine envelopes containing a substance alleged to be cocaine. Under the circumstances, it was error for Criminal Term to have concluded that the evidence presented at the preliminary hearing was insufficient to give rise to probable cause to believe that petitioner had committed acts which would constitute a violation of parole ( see, People ex rel. Calloway v. Skinner, 33 N.Y.2d 23, 31). Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.


Summaries of

People ex rel. Gonzales v. New York State Division of Parole

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1018 (N.Y. App. Div. 1985)
Case details for

People ex rel. Gonzales v. New York State Division of Parole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. LOUIS GONZALES, Respondent, v…

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

Date published: Aug 12, 1985

Citations

112 A.D.2d 1018 (N.Y. App. Div. 1985)