Legal Opinion

Thompson v. New York State Division of Parole

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

Decided March 7, 1991PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Cheeseman, J.), entered September 19, 1990 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to recalculate his term of imprisonment.

Upon petitioner’s conviction for a subsequent crime, his parole was revoked by operation of law (see, Executive Law § 259-i [3] [d] [iii]; Matter of Froats v Rodriguez, 157 AD2d 981, Iv denied 75 NY2d 710). He now claims that the revocation *910was improper because he was not "notified in writing that his release [was] revoked”, as required by…

2Cases cited3 opinions

  1. People ex rel. Knowles v. SmithNew York Court of Appeals · 1981
  2. Froats v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1990
  3. Cotto v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. People ex rel. Ward v. RussiAppellate Division of the Supreme Court of the State of New York · 1995
  2. People ex rel. Jackson v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 2007

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