People ex rel. Ciccone v. Warden, Anna M. Kross Correctional Facility

OPINION OF THE COURT

Lester B. Adler, J.

Seeking a writ of habeas corpus, petitioner alleges that, at his preliminary parole revocation hearing, (1) respondent New York State Department of Corrections and Community Supervision (DOCCS) failed to establish probable cause to believe that petitioner had violated a condition of his parole in an important respect (see Executive Law § 259-i [3] [c] [iv]) and (2) hearsay evidence was admitted in violation of petitioner’s right to confront adverse witnesses. For the reasons set forth below, the application is granted.

Factual Background

The submissions…