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People ex Rel. Preileau v. Warden

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2004
6 A.D.3d 178 (N.Y. App. Div. 2004)

Opinion

3281.

Decided April 1, 2004.

Order, Supreme Court, Bronx County (Joseph Fisch, J.), entered March 12, 2003, which denied petitioner's application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

Susan Epstein, for Petitioner-Appellant.

Melanie L. Oxhorn, for Respondents-Respondents.

Before: Nardelli, J.P., Tom, Ellerin, Williams, Lerner, JJ.


The court properly dismissed the petition for a writ of habeas corpus challenging the revocation of petitioner's parole, which had been revoked because he violated a special condition of release directing him to report to police detectives who were investigating an outstanding assault charge against him. Contrary to petitioner's contention, the special condition did not impermissibly require petitioner to choose between waiving his Fifth Amendment rights or facing revocation of his parole. There was nothing in the special condition suggesting that petitioner was obligated to make a statement, and nothing preventing him from appearing with counsel, or from invoking his rights to counsel and against self-incrimination when speaking with the police ( cf. People v. Dyla, 142 A.D.2d 423, 442-443, lv denied 74 N.Y.2d 808).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People ex Rel. Preileau v. Warden

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2004
6 A.D.3d 178 (N.Y. App. Div. 2004)
Case details for

People ex Rel. Preileau v. Warden

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK ex rel. STANLEY PREILEAU…

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

Date published: Apr 1, 2004

Citations

6 A.D.3d 178 (N.Y. App. Div. 2004)
778 N.Y.S.2d 4