Legal Opinion

People ex rel. Matos v. Warden, Rikers Island Correctional Facility

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

Decided January 20, 2009Published

1Opinion of the Court

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

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 [2008]; People ex rel. Thompson v Warden of Rikers Is. Correctional Facility, 41 AD3d 292 [2007]; People ex rel.…

2Cases cited3 opinions

  1. People ex rel. Thompson v. Warden of Rikers Island Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2007
  2. People ex rel. Washington v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2001
  3. People ex rel. Wise v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2008

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