People ex rel. Rosenfeld v. Sposato
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Although generally a writ of habeas corpus may not be used to review questions that could have been raised on direct appeal, the fundamental constitutional and statutory claims set forth by the petitioner and the circumstances of this case present an exception to that rule (see People ex rel. Kuby v Warden, Brooklyn House of Detention, 305 AD2d 339, 339 [2003]; People ex rel. Hacker v New York State Div. of Parole, 228 AD2d 849, 850 [1996]; see generally People ex rel. Keitt v McMann, 18 NY2d 257 [1966]).
In general, “a parolee has due process and statutory rights to confront adverse witnesses…
2Cases cited6 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People ex rel. McGee v. WaltersNew York Court of Appeals · 1984
- People ex rel. Melendez v. WardenAppellate Division of the Supreme Court of the State of New York · 1995
- People ex rel. Hacker v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by6 opinions
- Coston v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2013
- Coston v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2013
- People ex rel. Ciccone v. Warden, Anna M. Kross Correctional FacilityNew York Supreme Court · 2017
- People ex rel. Day v. New York State Department of Corrections & Community SupervisionNew York Supreme Court · 2012
- People ex rel. Gordon v. HeathAppellate Division of the Supreme Court of the State of New York · 2014
1 more not listed; retrieve them via the Exa API.