Legal Opinion

People ex rel. Frazier v. Warden, Rikers Island Correctional Center

New York Supreme Court

Decided December 31, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Richard Lee Price, J.

By habeas petitions submitted August 7, 2013 (index No. 250844-2013), and September 4, 2013 (index No. 251045-2013), respectively, petitioner moves for orders vacating his parole warrant and releasing him from the custody of New York State Department of Corrections and Community Supervision (DOCCS or respondent). Specifically, petitioner asserts that he is being illegally detained because DOCCS failed to provide timely notice of the alleged parole violations thereby depriving him of his right to a knowing and voluntary waiver of the preliminary hearing…

2Cases cited14 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Moody v. DaggettSupreme Court of the United States · 1976
  3. White v. New York State Division of ParoleNew York Court of Appeals · 1983
  4. People ex rel. Johnson v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1979
  5. People ex rel. Melendez v. WardenAppellate Division of the Supreme Court of the State of New York · 1995

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