Legal Opinion

People ex rel. Cooper v. Brunelle

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

Decided July 12, 1996PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Relator commenced this habeas corpus proceeding seeking annulment of the determination revoking his parole. Relator contends that the parole revocation warrant was issued by the same parole officer who submitted a report recommending issuance of the warrant, in violation of 9 NYCRR 8004.2 (a) and (b). By waiving his right to a preliminary revocation hearing, relator waived the right to challenge that violation. In any event, the requirement that the warrant be issued by an officer other than the one recommending its issuance is "in the…

2Cases cited1 opinion

  1. People v. DylaAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by3 opinions

  1. People ex rel. Jude v. WardenAppellate Division of the Supreme Court of the State of New York · 2008
  2. People ex rel. Nieves v. Warden of Rikers Island Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. KingNew York District Court · 2007

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