Legal Opinion

People ex rel. Stewart v. Foreman

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

Decided September 26, 1986PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously reversed, on the law, and writ of habeas corpus dismissed. Memorandum: There is no merit to relator’s claim that he was deprived of the right to counsel at his preliminary parole revocation hearing (People ex rel. Clanton v Smith, 105 AD2d 1123, lv denied 64 NY2d 606; see also, Executive Law § 259-i [3] [c] [iii], [v]; 9 NYCRR 8005.5 [b]; People ex rel. Calloway v Skinner, 33 NY2d 23, 31). Relator’s remaining claim, that he was not given timely notice of the parole violation charges against him (see, Executive Law § 259-i [3] [c] [iii]), is not supported by the record.…

2Cases cited2 opinions

  1. People ex rel. Calloway v. SkinnerNew York Court of Appeals · 1973
  2. People ex rel. Clanton v. SmithAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by1 opinion

  1. People ex rel. Wagner v. TravisAppellate Division of the Supreme Court of the State of New York · 2000

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