People ex rel. Murphy v. Warden

Order, Supreme Court, Bronx County (John A. Barone, J.), entered May 13, 2003, which denied the petition for a writ of habeas corpus, unanimously reversed, on the law, without costs or disbursements, the petition granted and the parole violation charges dismissed.

On August 3, 2000, the petitioner, convicted of attempted criminal possession of a weapon in the third degree and sentenced to a prison term of two years to life, was released and placed on parole supervision. On February 7, 2001, he was charged with violating parole. Petitioner waived a preliminary hearing and pleaded guilty at a…