Pierre v. Evans

Appeal from a judgment of the Supreme Court (Platkin, J.), entered June 22, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner was convicted in New York of attempted robbery in the first degree and sentenced to a prison term of four years followed by five years of postrelease supervision. Upon release, petitioner absconded from postrelease supervision and a parole violation warrant was issued. Prior to the execution of the warrant, petitioner was convicted of a federal crime and incarcerated in an…