Legal Opinion

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

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1999PublishedCited by 3 opinions

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (John Byrne, J.), entered July 18, 1997, dismissing petitioner’s writ of habeas corpus, unanimously affirmed, without costs.

Petitioner has failed to establish that respondent did not exercise due diligence in executing the parole warrant against petitioner. Petitioner’s arguments concerning the effect of respondent’s Policy and Procedures Manual were rejected by this Court in People ex rel. Merritt v New York State Div. of Parole (257 AD2d 435), and we see no reason to depart from that decision. Petitioner has not demonstrated that respondent manifested…

2Cases cited2 opinions

  1. People ex rel. Stracci v. WardenAppellate Division of the Supreme Court of the State of New York · 1980
  2. People ex rel. Merritt v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by3 opinions

  1. People ex rel. Burt v. Warden, Anna M. Kross CenterNew York Supreme Court · 2008
  2. People ex rel. Allen v. Warden of George Motcham Detention CenterNew York Supreme Court · 2013
  3. People ex rel. Howard v. Warden of Rikers Island Correctional FacilityNew York Supreme Court · 2007

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