Legal Opinion

People ex rel. McKay v. Sheriff of Rensselaer

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1989PublishedCited by 8 opinions

1Opinion of the CourtKane, J.

Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), entered March 24, 1988, which sustained a writ of habeas corpus, in a *787proceeding pursuant to CPLR article 70, and discharged petitioner.

On October 28, 1987, petitioner was served with a notice of parole violation and a warrant for his retaking. A preliminary parole revocation hearing was originally scheduled for November 6, 1987; however, it was adjourned until November 9, 1987. Petitioner refused to attend the rescheduled hearing and signed a refusal form entitled "Undelivered Defendant”. The hearing was…

2Cases cited5 opinions

  1. White v. New York State Division of ParoleNew York Court of Appeals · 1983
  2. People ex rel. Griffin v. WaltersAppellate Division of the Supreme Court of the State of New York · 1981
  3. People ex rel. Medina v. Superintendent, Queensborough Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1984
  4. People ex rel. Wentsley v. HammockAppellate Division of the Supreme Court of the State of New York · 1982
  5. People ex rel. Richman v. Warden, Bronx House of DetentionNew York Supreme Court · 1984

3Cited by8 opinions

  1. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2003
  2. Christianson v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1991
  3. People ex rel. Lawson v. WardenNew York Supreme Court · 2015
  4. People ex rel. Scott v. TravisAppellate Division of the Supreme Court of the State of New York · 1998
  5. People ex rel. Walker v. Warden of Rikers Island Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1990

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