Legal Opinion

People ex rel. Davis v. Warden of Rikers Island Correctional Facility

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

Decided January 17, 2002Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Robert Straus, J.), entered on or about January 11, 2001, which denied petitioner’s application for a writ of habeas corpus seeking to vacate a parole revocation warrant and dismissed the petition, unanimously affirmed, without costs.

Substantial evidence supports the probable cause finding (see, Matter of Bulger v Board of Parole, 183 AD2d 451, 452; Executive Law § 259-i [3] [c] [iv]). The habeas court correctly declined to disturb the hearing officer’s credibility determinations. Petitioner’s procedural contentions are academic since he declines to seek a…

2Cases cited2 opinions

  1. Town of Wallkill v. New York State Board of Real Property ServicesAppellate Division of the Supreme Court of the State of New York · 2000
  2. Bulger v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API