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

*875OPINION OF THE COURT

Thomas Farber, J.

Petitioner, by his attorney, has filed a writ of habeas corpus seeking vacatur of a parole warrant and release to parole supervision. Petitioner alleges that his right to due process and fundamental fairness was denied when the Division of Parole, having failed to establish probable cause at a preliminary hearing, filed a second parole warrant containing a “new” charge arising out of the same underlying incident as the initial charges that were not sustained. Under the specific facts of this case, I find that petitioner was denied due process and that the…