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

Order, Supreme Court, Bronx County (Robert G. Seewald, J.), entered August 7, 2006, which denied petitioner’s application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

Petitioner, who argued before the application court that the warrant for his parole violation was executed on April 1, 2006, when he was arrested on unrelated drug charges, now argues for the first time on appeal that the warrant was executed on April 3, when he appeared for arraignment on the drug charges. Were we to consider this unpreserved argument, and were we to assume in…