People ex rel. Cook v. Leonardo

Appeal from a judgment of the Supreme Court (Connor, J.), entered October 30, 1998 in Greene County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 70, and discharged petitioner upon parole.

Upon petitioner’s release to parole supervision in December 1996, rule 8 of his conditions of release required that he “not behave in such a manner as to violate the provisions of any law * * * which provide for a penalty of imprisonment.” In December 1997, petitioner was arrested on a charge of criminal trespass in the second degree; as a result, he was charged in a…