Legal Opinion

People ex rel. Mosery v. Superintendent of Nassau County Correctional Facility

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

Decided June 21, 2004Published

1Opinion of the Court

In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated May 29, 2003, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly found that the petitioner was lawfully detained at the Nassau County Jail pursuant to a parole violation warrant issued on January 6, 2003, by the New York State Division of Parole (hereinafter the Division). There is no merit to the petitioner’s contention that this warrant should not have been issued because…

2Cases cited4 opinions

  1. People ex rel. Williams v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1985
  2. Jarrell v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1990
  3. People ex rel. McEneny v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2000
  4. Bagby v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1995

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