Legal Opinion

People ex rel. Harrison v. Warden

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

Decided February 28, 2008PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered March 23, 2006, which denied petitioner’s application for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner cannot challenge the complained-of defect in the proceedings since he pleaded guilty to a violation of parole (see e.g. People ex rel. Miller v Walters, 60 NY2d 899 [1983]).

In any event, he was afforded a timely parole revocation hearing (see Executive Law § 259-i [3] [f] [i]; People ex rel. Brown v New York State Div. of Parole, 70 NY2d 391, 395 [1987]). The status…

2Cases cited3 opinions

  1. People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
  2. People ex rel. Miller v. WaltersNew York Court of Appeals · 1983
  3. People ex rel. Jefferson v. KellyAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. People ex rel. Rodriguez v. WardenAppellate Division of the Supreme Court of the State of New York · 2009

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