Legal Opinion

People ex rel. Cook v. Ross

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

Decided October 21, 1996PublishedCited by 2 opinions

1Opinion of the Court

—In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Richmond County (Felig, J.), dated November 10, 1993, which denied his application and dismissed the proceeding.

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

This is the third habeas corpus proceeding that the petitioner has brought challenging the revocation of his parole. Having twice litigated the revocation of his parole, the petitioner is barred under the doctrine of res judicata from relitigating those claims that were raised or which could have been raised in those prior…

2Cases cited2 opinions

  1. Reilly v. ReidNew York Court of Appeals · 1978
  2. Melendez v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Alonzo Cook v. New York State Division of Parole, and New York State Board of ParoleCourt of Appeals for the Second Circuit · 2003
  2. People ex rel. Franza v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2016

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