People ex rel. Burt v. Warden, Anna M. Kross Center

OPINION OF THE COURT

Richard Lee Price, J.

Petitioner moves by writ of habeas corpus for an order vacating a parole violation warrant and reinstating him to parole supervision, based upon his claim that the Division of Parole failed to use due diligence in issuing and executing the warrant.

The relevant facts are as follows. On March 5, 2001, petitioner was convicted of criminal sale of a controlled substance in the fifth degree in Queens County, Supreme Court (Wong, J.), and sentenced to an indeterminate prison term of 2V2 to 5 years. On July 5, 2006, petitioner was released to parole…