Legal Opinion

People ex rel. Gist v. Warden, Eric M. Taylor Ctr.

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

Decided December 6, 2016No. 2397 250733/15Published

1Opinion of the Court

Judgment (denominated a decision), Supreme Court, Bronx County (Alvin Yearwood, J.), entered November 12, 2015, denying the petition for a writ of habeas corpus, and dismissing the proceeding, unanimously affirmed, without costs.

Executive Law § 259-i (3) (f) (i) provides that a final parole revocation hearing “shall be scheduled to be held within ninety days of the probable cause determination,” unless a statutory exception applies. This provision was satisfied by the commencement of petitioner’s final parole revocation hearing, as scheduled, on April 13, 2015, 88 days after probable cause…

2Cases cited3 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. People ex rel. Morant v. WardenAppellate Division of the Supreme Court of the State of New York · 2006
  3. People ex rel. Chesner v. WardenAppellate Division of the Supreme Court of the State of New York · 2010

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