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People v. Warden

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 2009
58 A.D.3d 523 (N.Y. App. Div. 2009)

Opinion

January 20, 2009.

Judgment (denominated order), Supreme Court, Bronx County (Ethan Greenberg, J.), entered July 17, 2007, denying the petition for a writ of habeas corpus and dismissing the proceeding, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Friedman, Buckley, Acosta and Freedman, JJ.


As this Court has repeatedly held, failure to comply with the three-day limit for giving notice of parole violations does not affect the right to be restored to parole absent a showing of prejudice ( People ex rel. Wise v New York State Div. of Parole, 50 AD3d 303; People ex rel. Thompson v Warden of Rikers Is. Correctional Facility, 41 AD3d 292; People ex rel. Washington v New York State Div. of Parole, 279 AD2d 379), which was not even claimed. In view of the foregoing, it is unnecessary to consider the other grounds urged for affirmance.


Summaries of

People v. Warden

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 2009
58 A.D.3d 523 (N.Y. App. Div. 2009)
Case details for

People v. Warden

Case Details

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

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

Date published: Jan 20, 2009

Citations

58 A.D.3d 523 (N.Y. App. Div. 2009)
870 N.Y.S.2d 786