People ex rel. Chesner v. Warden

Order, Supreme Court, Bronx County (Analisa Torres, J.), entered May 21, 2009, which denied petitioner’s application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

Petitioner’s preliminary parole revocation hearing was commenced within 15 days after execution of the warrant (Executive Law § 259-i [3] [c] [i]) and briefly adjourned, without objection, for legitimate reasons. Thus, there was no violation of the 15-day time limit (see People ex rel. Morant v Warden, Rikers Is., 35 AD3d 208 [2006], lv denied 8 NY3d 809 [2007]; Matter of Emmick v…