Legal Opinion

People ex rel. Grimaldi v. Warden, C-95, Rikers Island

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

Decided June 20, 1991PublishedCited by 2 opinions

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on November 13, 1990, dismissing the Petition for a writ of habeas corpus, unanimously affirmed, without costs.

Upon examination of the record, we find no basis for interfering with the discretion of the Parole Board in revoking Petitioner’s parole and returning him to custody as there was ample evidence in the record to sustain the Board’s determination (People ex rel. Van Fossen v Dillon, 72 AD2d 166, 168).

It is well settled that actions by the Board of Parole are judicial functions and are not reviewable if performed in…

2Cases cited5 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. People ex rel. Piccarillo v. New York State Board of ParoleNew York Court of Appeals · 1979
  3. Maiello v. NYS BD. OF PAROLENew York Court of Appeals · 1985
  4. People ex rel. Van Fossen v. DillonAppellate Division of the Supreme Court of the State of New York · 1980
  5. Collins v. HammockAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by2 opinions

  1. People ex rel. Gillispie v. Warden of House of Detention for MenAppellate Division of the Supreme Court of the State of New York · 1993
  2. Barbour v. PeopleNew York Supreme Court · 1994

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