Legal Opinion

People ex rel. Walker v. Cleary

New York County Courts

Decided May 29, 1975Published

1Opinion of the CourtOscar Murov, J.

This is a habeas corpus proceeding in which the relator alleges that his detention is illegal and requests that the parole violation warrant under which he is detained be vacated with prejudice and that the relator be restored to parole under the same conditions heretofore in effect.

The facts are not in dispute. The statement of facts in the Attorney-General’s memorandum of law recapitulates almost verbatim those facts alleged by the relator and are set forth below:

"On or about January 21, 1972, Relator was sentenced as a youthful offender to an indeterminate term of imprisonment of up to…

2Cases cited12 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. People v. ProsserNew York Court of Appeals · 1955
  4. People v. BlakleyNew York Court of Appeals · 1974
  5. People v. MiniconeNew York Court of Appeals · 1971

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