Legal Opinion

People ex rel. Roper v. Kennedy

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

Decided December 10, 1987PublishedCited by 6 opinions

1Opinion of the Court

— Harvey, J.

Appeal from a judgment of the Supreme Court (Ford, J.), entered April 6, 1987 in Saratoga County, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.

Petitioner contends that the Parole Board’s use against him of clause (iii) of Executive Law § 259-i (3) (d), which became effective June 19, 1984 and provides for the automatic revocation of parole where a parolee is convicted of a new felony, was in violation of the ex post facto prohibition of the US Constitution (US Const, art I, § 10, cl 1). Specifically, petitioner argues that…

2Cases cited6 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. PORTLEY v. GROSSMAN, WARDEN, Et Al.Supreme Court of the United States · 1980
  3. People Ex Rel. Maggio v. CassclesNew York Court of Appeals · 1971
  4. Ristau v. HammockAppellate Division of the Supreme Court of the State of New York · 1984
  5. People ex rel. Ellington v. ZelkerAppellate Division of the Supreme Court of the State of New York · 1972

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3Cited by6 opinions

  1. People ex rel. Gilmore v. New York State Parole BoardAppellate Division of the Supreme Court of the State of New York · 1997
  2. Melendez v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1996
  3. Alevras v. NeubertDistrict Court, S.D. New York · 1990
  4. People ex rel. Harris v. SullivanAppellate Division of the Supreme Court of the State of New York · 1988
  5. People ex rel. Brooks v. StrackAppellate Division of the Supreme Court of the State of New York · 1998

1 more not listed; retrieve them via the Exa API.

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