Legal Opinion

People ex rel. Frisbie v. Hammock

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

Decided July 12, 1985PublishedCited by 7 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Relator appeals from a judgment dismissing his petition for a writ of habeas corpus. Relator’s parole was revoked based upon a finding that he violated two special conditions imposed upon him by his parole officer. Relator claims that the Board of Parole has the sole responsibility to set the conditions of release and that any attempt to delegate its responsibility to a parole officer is invalid as a matter of law.

Since relator is currently being held in custody on a pending unrelated criminal charge, habeas corpus relief is inappropriate (see,…

2Cases cited5 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Molina v. Games Management ServicesNew York Court of Appeals · 1983
  3. Lindsay v. New York State Board of ParoleNew York Court of Appeals · 1979
  4. People ex rel. Perrello v. SmithAppellate Division of the Supreme Court of the State of New York · 1975
  5. People ex rel. Brown v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by7 opinions

  1. Gray v. TravisAppellate Division of the Supreme Court of the State of New York · 1997
  2. People ex rel. Dell v. WalkerAppellate Division of the Supreme Court of the State of New York · 1992
  3. Fuller v. BerbaryAppellate Division of the Supreme Court of the State of New York · 2004
  4. People ex rel. Hodge v. WellsAppellate Division of the Supreme Court of the State of New York · 1987
  5. People ex rel. Maldonado v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2009

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