People ex rel. Wiggins v. Schiff

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 26, 2012 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was sentenced to a term of imprisonment and post-release supervision as the result of a 2008 conviction, and he was released to parole supervision in 2011. He was taken into custody approximately five months later for violating the terms of his parole in various respects—most notably by possessing heroin—and allegedly waived a preliminary revocation hearing. An indictment…