People ex rel. Day v. New York State Department of Corrections & Community Supervision

OPINION OF THE COURT

Richard Lee Price, J.

Petitioner moves by writ of habeas corpus for an order vacating his parole warrant and releasing him from the custody of Department of Corrections and Community Supervision (DOCCS). By petition submitted April 25, 2012, petitioner asserts that he is being illegally detained because DOCCS deprived him of his right to be present at the preliminary hearing in violation of Executive Law § 259-i (3) (c) (i) and (iv), as well as the Due Process Clause of the Fourteenth Amendment of the United States Constitution and New York Constitution, article I, § 6. By…