People ex rel. Gist v. Warden, Eric M. Taylor Ctr.
Appellate Division of the Supreme Court of the State of New York
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
- Morrissey v. BrewerSupreme Court of the United States · 1972
- People ex rel. Morant v. WardenAppellate Division of the Supreme Court of the State of New York · 2006
- People ex rel. Chesner v. WardenAppellate Division of the Supreme Court of the State of New York · 2010