Legal Opinion

People ex rel. Hickman v. Russi

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

Decided January 14, 1999Published

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (John Byrne, J.), entered February 24, 1998, which dismissed the petition for a writ of habeas corpus, unanimously affirmed, without costs.

Even if the claims set forth in the instant petition possessed merit, which they do not (see, Matter of Milburn v New York State Div. of Parole, 173 AD2d 1016, 1017), petitioner would not be entitled to habeas corpus relief, i.e., immediate release from custody. The appropriate remedy for procedural errors such as those alleged in the petition entails no more than the direction of a new preliminary parole revocation…

2Cases cited5 opinions

  1. Maiello v. NYS BD. OF PAROLENew York Court of Appeals · 1985
  2. Milburn v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1991
  3. People ex rel. Maiello v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1984
  4. People ex rel. Jenkins v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1996
  5. People ex rel. Taylor v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1992

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