Newman v. Rodriguez

Judgment unanimously reversed on the law and petition granted. Memorandum: Relator was arrested by Syracuse police officers on May 28, 1988 based upon a notice from the Division of Parole that a parole warrant had been issued. Relator was incarcerated over the Memorial Day weekend and on Tuesday, May 31, 1988, his parole officer served him with a notice of violation and violation of release report. A preliminary revocation hearing was held on June 15, 1988. Relator argues that this hearing was not timely and we agree.

Executive Law § 259-i (3) (c) (i) and (iv) provide that a preliminary…