Legal Opinion
People ex rel. Justice v. Russi
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 1996PublishedCited by 4 opinions
1Opinion of the CourtYesawich Jr., J.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 4, 1994 in Clinton County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner, an inmate serving a sentence of 4 to 12 years in prison for attempted kidnapping in the first degree, commenced this habeas corpus proceeding challenging respondent’s denial of his request for release on parole. He argues, inter alia, that because he received a certificate of earned eligibility, respondent should have granted his request. Initially,…
2Cases cited6 opinions
- Greene v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
- People ex rel. Haderxhanji v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1983
- Walker v. RussiAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Ward v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
- Flecha v. RussiAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by4 opinions
- Thomas v. TravisAppellate Division of the Supreme Court of the State of New York · 1999
- McCormick v. MorriseyDistrict Court, W.D. New York · 2011
- Thomas v. TravisAppellate Division of the Supreme Court of the State of New York · 1999
- Herouard v. TravisAppellate Division of the Supreme Court of the State of New York · 1998