People ex rel. Crespo v. Yelich

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered June 29, 2009 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted of burglary in the third degree and received a prison sentence. He was released to parole supervision in 2007 and, following a domestic dispute with his wife, was charged with violating certain conditions of that parole. Following a final revocation hearing, an Administrative Law Judge (hereinafter ALJ) sustained the majority of the…