People ex rel. Derby v. Williams

Judgment unanimously affirmed. Memorandum: Supreme Court properly dismissed the petition seeking habeas corpus relief. At petitioner’s final parole revocation hearing, the Division of Parole proved by a preponderance of the evidence that petitioner violated three conditions of his parole by his constructive possession of a revolver (see, Executive Law § 259-i [3] [f] [viii]; People ex rel. Gillispie v Warden, 191 AD2d 161, 162; People ex rel. Walker v Hammock, 78 AD2d 369, 372) and by his possession of a knife (see, Penal Law § 265.01 [1]; § 265.15 [4]; cf., People ex rel. Pena v New York…