Legal Opinion

People ex rel. Brown v. New York State Division of Parole

New York Court of Appeals

Decided November 17, 1987PublishedCited by 72 opinions

1Opinion of the Court

*395OPINION OF THE COURT

Simons, J.

Pursuant to statutory mandate, a parolee is entitled to a final parole revocation hearing within 90 days of the determination finding that probable cause exists for the revocation of parole (Executive Law § 259-i [3] [f] [i]). The statute provides three exceptions to the 90-day rule. If an alleged violator requests and receives a postponement of the hearing, consents to a postponement initiated by the Parole Board, or "by his actions otherwise precludes the prompt conduct of such proceedings,” failure to hold the hearing within the 90-day period will be excused.…

2Cases cited17 opinions

  1. People ex rel. Gonzales v. DalsheimNew York Court of Appeals · 1980
  2. Fritz v. Huntington HospitalNew York Court of Appeals · 1976
  3. People ex rel. Walsh v. VincentNew York Court of Appeals · 1976
  4. Beattie v. New York State BoardNew York Court of Appeals · 1976
  5. Maiello v. NYS BD. OF PAROLENew York Court of Appeals · 1985

12 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. Bennie F. Calhoun v. New York State Division of Parole Officers: J. McQuire Ted Clark R. White and G. SternCourt of Appeals for the Second Circuit · 1993
  2. People ex rel. Woodard v. BerryAppellate Division of the Supreme Court of the State of New York · 1988
  3. People ex rel. Matthews v. New York State Division of ParoleNew York Court of Appeals · 2001
  4. People ex rel. DeFlumer v. StrackAppellate Division of the Supreme Court of the State of New York · 1995
  5. Raykowski v. New York City Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1999

67 more not listed; retrieve them via the Exa API.

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