Legal Opinion
Hawkins v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1987PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
On this appeal we are called upon to determine whether a parolee is in custody so as to trigger the ameliorative provisions of the last paragraph of Penal Law § 70.30 (3). We hold that this paragraph is only applicable when a defendant is in actual custody. Accordingly, the Supreme Court, Queens County, properly dismissed the proceeding (132 Misc 2d 45). To the extent that our prior decision in Henderson v Reid (79 AD2d 1019) would indicate otherwise, we decline to follow it.
The facts in this case are set forth in the dissenting opinion. The pertinent portion…
2Cases cited17 opinions
- McGrath v. KristensenSupreme Court of the United States · 1950
- People ex rel. Wilder v. MarkleyNew York Court of Appeals · 1970
- Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
- Kalamis v. SmithNew York Court of Appeals · 1977
- People Ex Rel. Natoli v. LewisNew York Court of Appeals · 1942
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3Cited by5 opinions
- Coaxum v. New York State Board of ParoleNew York Supreme Court · 2006
- Poole v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1990
- Crimmins v. DennisonNew York Supreme Court · 2006
- Poole v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1990
- Wallace v. New York State Board of ParoleNew York Supreme Court · 2006