Legal Opinion

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

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

Decided March 30, 2006Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Thomas Farber, J.), entered on or about April 4, 2005, which dismissed the petition for a writ of habeas corpus, unanimously affirmed, without costs.

We need not and do not decide whether petitioner would be entitled to annulment of the parole revocation on the ground that the same officer issued the parole warrant for his arrest and furnished the report upon which it was based (see 9 NYCRR 8004.2 [a]; see also People ex rel. Cooper v Brunelle, 229 AD2d 1007 [1996], lv denied 88 NY2d 814 [1996]). Here, respondent Division of Parole submitted ample evidence…

2Cases cited2 opinions

  1. People ex rel. Cooper v. BrunelleAppellate Division of the Supreme Court of the State of New York · 1996
  2. People ex rel. Fletcher v. TravisAppellate Division of the Supreme Court of the State of New York · 2005

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